;*  ..*•• 


THE 

DIPLOMATIC  CORRESPONDENCE 

OF    THI 

UNITED  STATES  OF  AMERICA, 

FROM   THE 

TREATY  OF  PEACE 

TO    THE    ADOPTION    OP    TH» 

PRESENT   CONSTITUTION. 
VOL.  I. 


/•  'UlfMM*    '"iO  H/f 


'A 


.  w  en  T  u  T  it  a  r/i  v  3  T  w 


THE 

DIPLOMATIC  CORRESPONDENCE 

OF    THE 

UNITED  STATES  OF  AMERICA, 

FROM    TUB    SUiMiau    OF    TUB 

DEFINITIVE  TREATY  OF  PEACE, 

10-TH  SEPTEMBER,  1783, 

TO    THE 

ADOPTION  OF  THE  CONSTITUTION,  MARCH  4,  1789. 
B  K  i  ix  a 

THE  LETTERS  OF  THE  PRESIDENTS  OF  CONGRESS,  THE  SECRET  ART 

FOR  FOREIGN  AFFAIRS— AMERICAN   MINISTERS  AT  FOREIGN 

COURTS,  FOREIGN  MINISTERS  NEAR  CONGRESS— REPORTS 

OF  COMMITTEES  OF  CONGRESS,  AND  REPORTS  OF 

THE   SECRETARY   FOR  FOREIGN  AFFAIRS  ON 

VARIOUS  LETTERS  AND  COMMUNICATIONS; 

TOGKTHLH     WITH 

LETTERS  FROM  INDIVIDUALS  O.I  PUBLIC  AFFAIRS. 


Published    under  the  direction  of   the  Secretary  of  State,  from  thn 

orginal  Manuscripts  In  the  Department  6<*  State,  conformably 

to  an  Act  of  Congres«,  approved  May  5,  1B32. 


VOL.    I. 


CITY   OF   WASHINGTON: 
.  KIN  I  SI.    BT    FRANCIS    PRESTON    BLAIR. 

1833. 


STACK 


./ 


Extract  from  an  Act  of  Congress,  approved  May  5th,  1832,  entitled 
"An  Act  making- appropriation  for  the  support  of  Government 
"for  the  year  one  thousand  eight  hundred  and  thirty-two." 

"  To  enable  the  Secretary  of  State  to  cause  to  be  printed,  under 
'  his  direction,  a  selection  from  the  Diplomatic  Correspondence  of 
"the  United  States,  between  the  peace  of  one  thousand  seven  hun- 
"  dred  and  eighty-three,  and  the  fourth  of  March  one  thousand 
"  seven  hundred  and  eighty  nine,  remaining  unpublished  in  the  De- 
"  partment  of  State,  twelve  thousand  dollars." 


INTRODUCTION. 

ANY  remarks  on  the  propriety  of  publishing  a  Diplo- 
matic Correspondence,  which  from  its  very  nature  is  sup- 
posed to  be  confidential,  would  seem  to  be  unwarranted 
in  one  exercising  the  ministerial  duty  of  editing  it,  if  the 
law  imposing  the  duty  had  not  also  prescribed  that  of 
selecting  those  parts  which  ought  to  be  published.  The 
only  instruction  given  to  the  officer  to  whom  this  duty 
was  assigned  was  in  the  act  making  appropriations  for  the 
support  of  Government  for  the  year  1832,  in  these  words, 
"To  enable  the  Secretary  of  State  to  cause  to  be  printed 
a  selection  from  the  Diplomatic  Correspondence  between 
the  peace  of  1783,  and  the  4th  March,  1789,  remaining 
unpublished  in  the  Department  of  State  12,000  dol- 
lars." 

No  rule  being  given  to  the  Secretary  for  his  guide  in 
making  this  selection,  it  would  seem  to  have  been  trusted 
entirely  to  his  discretion,  if  a  previous  resolution  of  Con- 
gress for  a  similar  purpose,  and  the  publication  made 
under  it  had  not  given  good  reason  to  believe,  that  nothing 
more  was  intended  than  a  continuation  of  the  work  here- 
tofore published.  On  the  27th  March,  1818,  Congress 
passed  a  resolution  directing,  among  other  things,  that 
the  foreign  correspondence  of  the  Congress  of  the 
United  States  from  the  first  meeting  thereof,  down  to  the 
date  of  the  ratification  of  the  definitive  treaty  of  peace 
between  Great  Britain  and  the  United  States,  in  the 
year  1783,  be  published  under  the  direction  of  the  Pre- 
sident of  the  United  States,  except  such  parts  as  he  may 


INTRODUCTION. 


deem  it  improper  at  this  time  to  publish.  The  publication 
under  this  resolution  was  entrusted  by  the  President  to 
Mr.  Jared  Sparks,  a  gentleman  every  way  qualified  for 
the  task,  and  the  public  are  now  in  possession  of  twelve 
volumes,  containing  the  interesting  correspondence  direct- 
ed to  be  published.  The  intention  of  Congress  in 
making  the  appropriation  above  recited  could  not  be 
mistaken ;  the  beginning  of  the  correspondence  it  directs 
to  be  published  is  the  end  of  that  selected  by  Mr.  Sparks. 
It  is  then  a  continuation  of  the  same  correspondence ; 
subject,  however,  to  the  same  exception  of  such  parts 
as  may  be  deemed  improper  at  this  time  to  be  made 
public  ;  but  the  first  part  contains,  with  very  few  excep- 
tions, the  whole  of  the  correspondence  during  the  period 
to  which  it  was  confined  ;  and  this  course  received,  not 
only  the  sanction  of  the  President  by  whose  direction  it 
was  prepared  ;  but  has  met  the  general  approbation  of  the 
people,  whose  representatives  in  Congress  have  been 
furnished  with  copies  of  the  work.  It  is  therefore  fair 
to  conclude,  that  in  directing  the  continuation  of  Mr. 
Sparks'  work,  Congress  intended  that  the  same  principles 
should  govern  the  selection.  Very  few  parts  therefore  of 
the  correspondence  have  been  suppressed ;  and  none  that 
could  throw  any  light  on  the  diplomatic  history  of  the 
entire  period  designated  by  the  law.  Mr.  Sparks'  collec- 
tion gives  a  full  view  of  our  first  efforts  to  procure  the 
recognition  of  national  character  by  foreign  powers ;  it  is, 
perhaps,  the  most  interesting.  We  were  then  striving  to 
sustain  ourselves  in  the  situation  among  the  nations  of 
the  earth,  which,  unsupported  except  by  our  own  cou- 
rage and  patriotism,  we  had  assumed.  The  advances 
were  to  be  made  with  prudence,  but  with  firmness — 


INTRODUCTION.  IX 

our  national  character  was  to  be  developed — our  credit 
to  be  established — our  statesmen  at  home,  and  our  ne- 
gotiators abroad,  had  entered  an  untried  and  difficult 
path,  but  they  advanced  in  it  with  no  little  skill,  and 
a  success  that  is  almost  miraculous,  when  the  difficul- 
ties they  had  to  encounter  are  considered.  The  first 
series  details  their  difficulties,  shows  the  perseverance 
and  firmness  with  which  they  were  conquered,  and 
leaves  us  at  the  period  when  our  independence  was 
reluctantly  acknowledged  by  our  former  sovereign,  as 
it  had  been  before  by  the  other  principal  power  of 
Europe.  The  second  series,  contained  in  the  ensuing 
volumes,  exhibits  our  foreign  relations  in  a  different 
attitude.  While  the  war  continued,  we  were  more 
united  at  home  by  the  necessity  of  defence,  and  more 
respected  abroad  by  the  relation  of  ally,  in  which  we 
stood  to  the  other  powers,  against  a  common  enemy. 
On  the  signature  of  the  treaty  of  peace,  we  stood  alone, 
and  were  thrown  on  our  own  resources  to  maintain  a 
national  character,  and  to  support  our  credit  by  providing 
for  the  foreign  and  domestic  debt  we  had  incurred. 
This  could  only  be  done  by  re-establishing  our  ruined 
navigation  and  commerce;  but  all  the  other  nations  were 
in  the  same  situation,  each  was  endeavoring  to  gain,  by 
some  exclusive  privilege  in  commerce,  an  advantage  over 
the  others.  Add  to  this  the  low  state  of  our  national  and 
individual  credit,  and  a  hostile  feeling  towards  us  on  the 
part  of  the  most  commercial  nation  in  the  world,  which 
had  naturally  survived  the  long  and  successful  struggle 
we  had  made  against  her,  and  some  idea  may  be  formed, 
of  the  difficult  task  our  diplomatists  had  to  perform 
during  this  second  period,  in  their  attempts  to  form  com- 
VOL.  i.— 2 


X  INTRODUCTION. 

mercial  connexions  with  the  diffeient  powers  of  Europe; 
a  difficulty  increased  too  by  the  natural  distrust  of  the 
power  of  Congress  to  bind  the  States  to  the  performance 
of  the  stipulations  they  might  make,  (a)  These  reflec- 

(a)  A  proof  of  this  distrust  is  found  stongly  expressed  in  a  letter 
from  the  Duke  of  Dorset  to  Mr.  Adams,  in  answer  to  an  overture  for 
negotiating  a  treaty  of  commerce,  the  only  action  of  the  general 
government  at  that  time  upon  the  States  being  by  recommendations, 
the  want  of  confidence  was  natural,  although  not  very  civilly  ex- 
pressed, and  in  point  of  fact  no  treaty  of  the  kind  could  be  conclud- 
ed with  Great  Britain,  until  after  the  powers  of  the  general  govern- 
ment were  enlarged. 

FROM    THE    DUKE    OF     DORSET    TO    THE    COMMISSrONEHS. 

Paris,   March  26,  1785. 
Gentlemen, 

"  Having  communicated  to  my  Court  the  readiness  you  expressed 
in  your  letter  to  me  of  the  9th  of  December,  to  remove  to  London, 
for  the  purpose  of  treating  upon  such  points  as  may  materially 
concern  the  interests,  both  political  and  commercial,  of  Great 
Britain  and  America,  and  having  at  the  same  time  represented 
that  you  declared  yourselves  to  be  fully  authorized  and  empow- 
ered to  negotiate,  I  have  been,  in  answer  thereto,  instructed  to 
learn  from  you,  gentlemen,  what  is  the  real  nature  of  the  pow- 
ers with  which  you  are  invested,  whether  you  are  merely  com- 
missioned by  Congress,  or  whether  you  have  received  separate 
powers  from  the  respective  States.  A  committee  of  North 
American  merchants  have  waited  upon  his  Majesty's  principal 
Secretary  of  State  for  Foreign  Affairs,  to  express  how  anxiously 
they  wished  to  be  informed  upon  this  subject,  repeated  experi- 
ence having  taught  them  in  particular,  as  well  as  the  public  in 
general,  how  little  the  authority  of  Congress  could  avail  in  any 
respect,  where  the  interests  of  any  one  individual  State  was  even 
concerned,  and  particularly  so,  where  the  concerns  of  that  par' 
ticular  State  might  be  supposed  to  militate  against  such  resolu- 
tions as  Congress  might  think  proper  to  adopt. 

"The  apparent  .determination  of  the  respective  States  to  regu- 


INTRODUCTION.  XI 

tions  are  made  to  account  for  the  extent  to  which  the 
discretion  given  by  the  law  has  been  carried,  of  publish- 
ing all  the  correspondence  that  was  not  deemed  impro- 
per now  to  be  published;  nothing  has  been  deemed  im- 
proper that  would  throw  any  light  on  transactions,  of 
which  the  future  historian  of  our  country,  or  the  biogra- 
pher of  any  of  the  illustrious  men  who  ought  to  figure 
in  the  annals  of  their  country  may  avail  themselves. 

The  first  Secretary  for  Foreign  Affairs,  Robert  R. 
Livingston,  had  resigned  the  office  about  the  time  that 
this  correspondence  began.  The  fidelity  and  talent  of 
that  gentleman  was  acknowledged  by  Congress,  (b)  and 

late  their  own  separate  interests,  renders  it  absolutely  necessary, 
towards  forming-  a  permanent  system  of  commerce,  that  my  Court 
should  be  informed  how  far  the  Commissioners  can  be  duly 
authorized  to  enter  into  any  engagements  with  Great  Britain, 
which  it  may  not  be  in  the  power  of  any  one  of  the  States  to 
render  totally  fruitless  and  ineffectual. 

I  have  the  honor  to  be,  &c. 

DORSET." 

(6)  Extract  from,  the  Journals  of  Cwgress,  June  4,lh,  1780. 

"  Mr.  Livingston  having1  signified  to  Congress,  his  desire  of  re- 
linquishing- the  exercise  of  the  office  of  Foreign  Affairs,  and  his 
intention  of  returning-  to  the  State  of  New  York, 

"Resolved,  That  the  Secretary  of  Congress  be  directed  to  re- 
ceive the  papers  of  the  said  office  into  his  care,  till  a  successor 
to  Mr.  Livingston  can  be  appointed;  and  that  next  Wednesday 
be  assigned  for  the  election  of  a  Secretary  for  the  Department 
of  Foreign  Affairs. 

Resolved  unanimously,  That  the  thanks  of  Congress  be  present- 
ed to  Mr.  Livingston  for  his  services  during  his  continuance  in 
office;  and  that  he  be  assured  Congress  entertain  a  high  sense  of 
the  ability,  zeal  and  fidelity,  with  which  he  had  discharged  the 
important  trust  reposed  in  him. " 


Xll  INTRODUCTION. 

the  order  and  punctuality  he  introduced  into  the  De- 
partment, by  all  his  successors.  On  his  retirement  from 
the  office,  it  was  left  unfilled  for  some  months,  during 
which  time  the  Diplomatic  Correspondence  was  carried 
on  directly  with  Congress,  the  instructions  being  given 
by  the  President,  and  the  despatches  of  the  Ministers 
of  the  United  States  abroad,  as  well  as  the  communica- 
tions of  the  foreign  Ministers  here  being  addressed  to 
him.  It  was  under  this  arrangement  that  the  present 
collection  began,  and  was  continued  until  the  21st  day 
of  December,  1784,  when  Mr.  Jay  entered  upon  the 
duties  of  the  office,  to  which  he  had  been  appointed. 
During  this  first  period,  therefore,  the  Correspondence 
re-assumed  the  same  irregular  character,  which  had  thus 
attended  it  previous  to  the  appointment  of  Mr.  Living- 
ston ;  much  method  and  strict  attention  to  the  details  of 
our  foreign  affairs  could  not  be  expected  from  one  charged 
with  the  duties  of  presiding  officer  of  a  body,  exercising 
the  numerous  functions,  which  the  Congress  of  the  con- 
federation performed  ;  yet  the  letters  of  that  time,  both 
from  home  and  abroad,  have  very  great  interest.  In  the 
position  the  country  had  so  lately  assumed,  the  opera- 
tion of  the  government,  its  efficiency,  its  stability,  were 
to  be  the  foundation  of  the  respect  it  wished  to  in- 
spire abroad.  The  experiment  was  to  be  tried  of 
conducting  a  government  without  hereditary  rank,  with- 
out an  established  church,  without  a  standing  army,  and 
upheld  only  by  the  will  of  the  people.  We  had  been 
aided  by  France,  but  even  there  the  privileged  orders 
began  to  perceive  how  fatal  to  them  would  be  the  triumph 
of  our  principles.  In  England  we  had  few  friends,  and 
all  the  other  governments  of  Europe  were  either  indif- 


INTRODUCTION.  Xlll 

ferent  to  our  existence,  or  even  unfavorable  to  our  inde- 
pendence. In  this  state  of  things  it  became  highly 
important,  that  our  agents  abroad  should  have  full  infor- 
mation of  what  passed  at  home,  that  they  might  correct 
false  representations,  lessen  the  injurious  effect  of 
unfavorable  events,  and  give  publicity  to  all  those,  which 
evinced  the  strength  of  our  union,  and  value  of  our  com- 
merce. Hence  we  find  that  the  communications  from 
Congress  to  the  Ministers,  contain  authentic  accounts  of 
occurrences,  now  little  adverted  to;  but  which  then  ex- 
cited great  interest,  and  some  of  which  bear  with  great 
force  on  questions,  which  now  agitate  the  public  mind. 
Thus,  some  of  the  first  letters  of  the  President  of  Con- 
gress to  our  Commissioners,  detail  the  circumstances  of 
an  occurrence  which  proved  to  demonstration  the  utter 
inefficiency  of  a  government  purely  federal,  to  protect 
itself  from  insults  and  even  to  preserve  its  existence, 
against  the  most  insignificant  force.  Congress  sat  in 
Philadelphia,  then  the  largest  city  in  the  Union  ;  it  was 
also  the  seat  of  the  State  government ;  a  few  hundred 
mutinous  troops  marched  into  the  city  and  invested  the 
hall  of  Congress,  threatening  vengeance  if  their  claims 
were  not  complied  with,  and  that  body,  after  applying 
in  vain  to  the  authority  of  the  State  for  protection,  had 
no  alternative  but  to  adjourn,  first  to  Trenton  and  after- 
wards to  New  York,  where  they  remained  until  the 
present  constitution  was  organized,  and  for  a  short  period 
afterwards.  ( c)  This  event,  and  others  of  the  same  nature, 

(~cj  That  provision  in  the  present  Constitution  of  the  United 
States,  which  gives  to  "Congress  the  exclusive  legislation,  in  all 
"  cases  whatsoever,  over  sucli  District  (not  exceeding  ten  miles 
''  square)  as  may  by  cession  of  particular  States,  and  the  acceptance 


XIV  INTRODUCTION. 

showed  the  weakness,  and  every  day's  experience,  the 
inefficiency  of  the  confederation  for  preserving  a  national 
character.  Our  Ministers  abroad,  who  sorely  felt  the 
degradation  into  which  the  want  of  that  character  was 
plunging  us,  very  naturally  made  that  topic  the  subject 
of  many  of  their  despatches,  and  the  suggestions  of 
Jefferson,  Adams,  Jay,  and  other  of  their  cotemporary 
worthies,  cannot  be  referred  to  without  interest  and  in- 
struction at  the  present  day,  when  we  are  called  on  to 
appreciate  the  value  of  the  Union. 

Other  important  points  in  our  history,  which  are  still 
unsettled,  come  within  the  compass  of  this  collection. 
The  correspondence  on  the  subject  of  our  north-eastern 
boundary,  the  projects  of  commercial  treaties  with  France 
and  other  powers;  but  a  close  inspection  of  all  that  was 
then  proposed,  discovers  nothing  that  we  need  fear  to 
expose  to  the  world ;  the  same  principles  of  perfect  re- 
ciprocity, the  same  disavowal  of  any  desire  to  obtain 
exclusive  advantages,  but  to  confine  our  claims  to  the 
enjoyment  of  a  fair  and  [free  competition  that  charac- 
terize our  present  policy,  will  be  found  in  our  earliest 
diplomacy — and  the  officer  charged  with  that  duty 
has,  therefore,  in  editing  the  papers,  found  nothing 
of  importance  that  he  has  judged  "  improper  now  to  be 
published."  But,  although  there  was  little  to  retrench, 
it  is  not  so  certain  that  much  which  ought  to  have  appear- 

"  of  Congress,  become  the  seat  of  the  Government  of  the  United 
"  States,"  was  probably  suggested  by  a  recollection  of  the  mutinous 
conduct  referred  to,  and  by  the  want  of  any  direct  power  or  au- 
thority, under  the  Confederation  in  the  Old  Congress,  to  repress  or 
puuish  that  or  any  other  outrage  against  itself  or  its  individual  mem- 
bers. 


INTRODUCTION,  XV 

ed  has  not  been  lost.  The  irregularities  and  accidents 
inevitable  in  a  bureau  which  has  no  responsible  head, 
will,  in  a  great  measure,  account  for  this,  during  the 
period  between  the  resignation  of  Mr.  Livingston  and  the 
appointment  of  Mr.  Jay.  The  last  mentioned  gentle- 
man, to  his  other  high  qualifications  for  the  office,  added 
the  same  talent  for  method  and  order  in  business  that 
distinguished  his  predecessor ;  and  the  periods  of  their 
direction  present  no  interruptions  in  the  usual  course  of 
the  correspondence.  But  another  cause  has  combined 
with  that  before  alluded  to,  to  render  a  strict  compliance 
with  the  evident  intention  of  Congress,  in  making  this 
publication  difficult,  if  not  impossible.  The  confused 
state  in  which  the  papers,  prior  to  the  establishment  of 
the  constitution  is  such,  as  to  make  it  hazardous  in  any 
officer  to  declare  that  a  paper  does  not  exist  in  the  De- 
partment, although,  after  strict  search,  it  should  not  be 
found.  The  mass  is  so  great,  and  the  number  of  clerks 
allotted  to  the  Department,  so  fully  employed  with  its 
ordinary  business,  that  no  arrangement  of  the  old  papers 
can  take  place,  without  some  express  appropriation ; 
and  without  such  arrangement,  it  depends  greatly  on 
chance  to  discover  any  particular  paper  that  may  be 
sought  for  in  the  mass.  This  has  been,  by  the 
present  head,  repeatedly  brought  to  the  notice  of  Con- 
gress, but  without  any  result.  And  it  is  adverted  to 
here  for  his  justification,  if  hereafter  some  document 
which  ought  to  have  appeared  in  this  collection,  should 
be  discovered,  when  provision  shall  be  made  for  ar- 
ranging the  old  papers  according  to  subjects  and  dates, 
binding  them  in  proper  books  with  a  catalogue  raisonne 
of  all,  and  an  index  to  each. 


XVI  INTRODUCTION. 

In  the  classification  of  the  correspondence  now  pub- 
lished, that  of  countries  has  been  preferred,  and  has  been 
preserved  as  far  as  was  possible.  Ministers  in  one 
country  having  been  frequently  charged  with  business 
relating  to  another,  that  division  has  not  been  always 
practicable  ;  but  on  the  whole,  the  commencement  and 
progress  of  our  relations  with  each  country,  during  the 
period  contained  in  this  collection,  will  generally  be 
found  under  its  proper  head. 


CONTENTS 

OK    THE 

FIRST    VOLUME 
DIPLOMATIC    CORRESPONDENCE. 


From  Elias  Boudinot,  President  of  Congress,  to  the 
Minister  Plenipotentiary  of  the  United  States — 
at  Paris.  Philadelphia,  June  16th,  1783.  -  ' 

Announces  the  resignation  of  Mr.  Livingston,  as  Se- 
cretary of  Foreign  Affairs.  Resolutions  of  Congress 
to  be  received  as  Diplomatic  instructions  Encloses 
resolutions  of  the  1st  May,  (p.  4^  and  12th  June, 
t1783,  (p.  5.) 

From  Elias  Boudinot  to  Benjamin  Franklin,  Minis- 
ter Plenipotentiary,  &c. — Paris.  Philadelphia, 
June  18th,  1783. 

On  Mr.  Livingston's  resignation,  the  writer's  high 
opinion  of  him,  complaints  of  the  conduct  of  the 
British  at  New  York. 

From  Elias  Boudinot  to  the  Ministers  Plenipoten- 
tiary of  the  United  States — at  Paris.  Princeton, 

July  15th,  1783. -,,. 

No  Minister  of  Foreign  Affairs  yet  elected.  Reasons 
for  reducing  the  army.  Removal  of  Congress  to 
Trenton.  Hostile  movements  of  a  band  of  mu- 
tineers. Statement  of  their  conduct.  Letters  of 


Col.  Henry,  (p.  14)  and  Col.  Butler,  (p.  15. )  Or- 
ders issued  to  the  troops  by  Col.  Butler,  (p.  17.) 
First  report  of  a  committee  July  1st  1783,  (p.  19.) 


Instructions  to  Major  Jackson,  (p.  20.)  Two  pa- 
pers signed  James  Bennet,  addressed  to  the  Su- 
preme Executive  Council  of  Pennsylvania,  (p.  22. ) 
Resolutions  of  Congress  June  21st,  (p.  25.)  Sec- 
ond Report  of  a  committee  July  1st  1783,  (p.  27.) 
Copy  of  a  letter  to  his  Excellency  the  President 
of  the  Executive  Council  of  Pennsylvania,  June 

VOL.  i.— 3 


XVHl  CONTENTS. 

23d  1783,  (p.  32)  and  Proclamation  by  the  President 
of  the  United  States  in  Congress  assembled, 
(p.  33.)  Demand  made  by  the  mutineers,  (p. 
35. )  James  Christie  to  John  Dickinson  enclosing 
commission  from  mutineers,  (p.  35.)  John  Sullivan 
to  Col.  Moyland,  (p.  37.)  Declaration  of  the  offi- 
cers of  the  Pennsylvania  line,  (p.  39.)  From  Eli- 
as  Boudinot  to  General  Washington  21st  June  1783, 
(p.  40. )  From  General  Washington  to  the  Presi- 
dent o£  Congress  June  24th  1783,  (p.  42.)  Reso- 
lutions of  the  State  of  Pennsylvania,  (p.  45.) 
From  Elias  Boudinot,  to  Benjamin  Franklin  at 
Paris.  Princeton,  August  15th,  1783.  47 

Acknowledges  the  reception  of  the  Treaty  between 
Sweden  and  the  United  States.  Ratification  there- 
of. Amendment  of  the  title  authorized.  Reason 
assigned  for  not  appointing  a  Minister  for  foreign  af- 
fairs. Extract  from  the  Secret  Journal  of  foreign 
affairs,  July  29th,  1783,  (p.  48.)  Resolution  of 
29th  July  1783,  (p.  49.) 

From  Elias  Boudinot,  to  Benjamin  Franklin  at  Paris. 
Philadelphia,  September  9th,  1783.  -  -  50 

Duplicate  ratification  of  the  treaty  with  Sweden. 
Difficulties  arising  from  the  mutiny,  happily  settled. 
Censure  upon  Captain  Carbery  and  Lieutenant 
Sullivan. 

Extracts  from  the  Secret  Journal  of  foreign  affairs 
Sept.  26th,  and  29th  1783.  Resolution  of  Oct. 
1st.  (55)  50,  51 

From  Elias  Boudinot,  to  the  Minister  Plenipoten- 
tiary of  France,  Princeton  October  27th  1783.    ;    56 
Acknowledges  the  receipt  of  a  communication  dated 
the  18th  Sept.     Encloses  an  act  of  Congress  of  the 
24th  Oct.  (p.  56.)     Mutual  advantages  to  be  deriv- 
ed from  the  happy  alliance  of  France  and  America. 
From  Elias  Boudinot,  to  the  Minister  Plenipotentia- 
ry of  the  United  States,  at  Paris.      Princeton, 

November  1st,  1783. 57 

Command  of  Congress  to  transmit  a  set  of  instruc- 
tions.    Instructions,  (p.  58.)    News  received  of  the 
,,  /      signature  of  the  definitive  treaty  of  peace  on  the 
3d  Sept      Congratulations  on  the  happy  event. 
Names  of  the  American  Negotiators  worthy  of  being 
transmitted  to  posterity.     New  York  not  yet  evacu- 
ated.     Sir  Guy  Carleton  expects  to  depart  this 
month.     Copy  of  instructions  referred  to. 
From  the    City  of  Hamburg,  to    Congress,   29th 
March  1783.         -  -       -    62 

Soliciting  friendly  and  commercial  intercourse.     List 


CONTENTS.  XIX 

Page. 

of  merchandize.     Specification  of  Goods,  &c.    (p. 
^  .65.) 

From  Elias  Boudinot,   to  the   Honorable,  the  Bur- 
gomasters, and  Senate  of  the  Imperial  Free  City 
of  Hamburg.     Princeton,  November  1st,  1783.        67 
Acknowledges  the  receipt  of  a  letter  of  the  29th 
March  by  the  hands  of  Mr.  De  Boor.    Satisfaction  of 
Congress  at  the  annunciation  of  their  friendship. 
Will  unite  with  them  in  encouraging  friendly  inter- 
course.    Extract  from    the  secret  Journal  of  fo- 
reign affairs,  Oct.  29th  1783,  (p.  68.) 
From  Thomas  Mifflin,  to  the  Minister  of  France. 
Annapolis,  December  24th,  1783.  -     69 

Informs  of  General  Washington  having  resigned  his 
commission  at  a  public  audience  of  Congress.  En- 
closes a  copy  of  the  General's  address  and  their  an- 
swer. Extract  from  the  journals,  Dec.  23,  1783. 
Address  of  General  Washington  and  answer  of 
Congress,  (p.  70.) 

From  Thomas  Mifflin,  to  the  Minister  of  France. 
Annapolis,  Jan.  14th,  1784.  -  -  -  73 

Treaty  of  peace  ratified  this  day.  Nine  States  pre- 
sent. Proclamation  ordered.  Recommendation  in 
the  words  of  the  5th  Article.  Proclamation  of 
Congress  enclosed.  Colonel  Harmar  the  bearer  of 
the  ratified  treaty. 

From  Thomas  Mifflin,  to  Benjamin  Franklin,  John 
Adams  and  John  Jay,  Paris.  Annapolis,  Janua- 
ry 14th,  1784. 74 

Announces  the  ratification  of  the  definitive  treaty  of 
peace.     Proclamation,  p.  (75.)     Informs  that  Col. 
Harmar  will  be  the  bearer  of  the  treaty  to  Paris. 
From  Thomas  Mifflin,  to   Benjamin  Franklin,  and 
John  Adams,  at  Paris.     Annapolis,  March  20th, 
1784.  77 

Transmits  an  act  of  Congress  of  the  16th  inst.  (p.  77.) 
Extract  from  the  Secret  Journal  of  Foreign  Affairs, 
Feb.   llth,  1784,   (p.  78.)      Letters  of  B.  Frank-     . 
lin,  Nov.  1st,  and  Dec.  25th,  1783,  p.  (80  and  83.) 
Two  letters  of  Thomas  Barclay,  20th  October  and 
14th  Nov.  1783,  (p.  89  and  94. )     Extract  from  the .    : 
Secret  Journal  of  Foreign  Affairs,  April  16th,  1784, 
(p.  96.)     Letter  to  the  King  of  France,  (p.  96.) 
Circular,  from  Thomas  Mifflin,  to  the  Governors  of 
States.     Annapolis,  April  21st,  1784.         -        -     98 

States  that  L'Orient  has  been  made  a  free  port.  Mer- 
chants of  the  United  States  allowed  to  frequent  the 
ports  of  Marseilles  and  Dunkirk. 


XX  CONTENTS. 

Page. 
Chev.  de  la  Luzerne,  to  the  President  of  Congress, 

April  9th,  1784.  ....     99 

Extract  of  a  letter  from  the  Count  de  Vergennes  to 

M.  de  La  Luzerne,  Dec.  24th,  1783,  (p.  100.) 
From  Thomas   Mifflin,  to  the  Minister  of  France. 
Annapolis,  April  21st,  1784.  -  101 

Requests  the  safe  keeping  of  the  portraits  of  their 
most  Christian  Majesties,  until  a  proper  place  is 
provided.  In  reply  to  a  letter  of  the  9th  inst.  gives 
assurances  that  measures  will  be  taken  for  the  punc- 
tual payment  in  future  of  the  principal  and  interest 
of  loans. 

From  the  Chev.  de  la  Luzerne,  Minister  of  France, 
to  the  President  of  Congress.  Annapolis,  April 
21st,  1784.  -  -  102 

Has  obtained  leave  to  return  to  France.  Satisfaction 
he  has  enjoyed  in  all  his  correspondence  with  Con- 
gress. Mr.  Marbois  will  remain  as  Charge  d'  Af- 


Extract  from  the  Secret  Journal  of  foreign  affairs, 
May  17th,  1784.  -  103 

Congress  authorize  a  reply,  to  the  letter  of  the  French 

Minister. 

Extract  from  the  Secret  Journal  of  Congress.     Re- 
port of  a  Committee,  April  30th,  1784.         -      -  105 
Extract  from  the  Secret  Journal  of  foreign  affairs,1"'^ 
May  3d,  1784.        -        -  ^  ^  rtdoTTfaafc  >';  -  107 

Copies  of  letters  from  the  Count  de  Vergennes  and 
Monsieur  de  Calonne  to  the  Marquis  de  la  Fayette, 
(p.  107,)  to  be  entered  on  the  Journal,  and  when 
published  to  be  transmitted  to  the  Governors  of 
States.  The  subj  ect  matter  of  the  two  letters  being 
free  Ports. 

From  Thomas  Mifflin  to  Thomas  Jefferson.     An- 
napolis, May  20th,  1784.      I0^V  . -"«*  aJkir^      '110 
Transmits  acts  of  Congress  relating  to  treaties  of 
commerce.       Encloses  a  letter  from   the   King  of 
France. 

From  Thomas  Mifflin  to  John  Adams  and  Benja- 
min Franklin,  Paris.  Annapolis,  May  20th, 
1784.  -  -  -  110 

Transmits  several  acts  of  Congress  referred  to  chron- 
ologically. Papers  of  the  Nancy,  Extracts  May  7th, 
1784,  (p.  Ill,  117.) 

From  Thomas  Mifflin,  (Circular,)  to  the  Governors 
of  States.  Annapolis,  May  3 1st,  1784.  -  123 


CONTENTS.  XXI 


Extract  from  the  Secret  Journals  of  Foreign  Affairs 
of  the  29th  May,  touching  an  insult  offered  to 
Monsieur  de  Marbois,  and  letter  from  M.  de  Lu- 
zerne,  (123.) 

Extract  from  the  secret  Journal  of  foreign  affairs. 
June  1st,  1784.  ......  125 

A  letter  from  the  supreme  Executive  of  Pennsylvania 
was  read,  states  the  arrest  of  Long-champs,  deter- 
mined resolution  to  support  the  dignity  of  the  Unit- 
ed States.  Congress  approve  of  the  determination 
of  the  supreme  Executive  of  Pennsylvania. 

From  Thomas  Mifflin  to  the  Minister  of  France. 
Annapolis,  May  31st,  1784.  ....  127 

Transmits  the  act  of  the  29th  May,  belief  expres- 
sed that  Congress  will  give  further  consideration 
to  the  subject  of  his  Excellency's  letter.  Commit- 
tee ordered  to  repdrt. 

From  Richard  Henry  Lee,  President  of  Congress, 
to  Benjamin  Franklin.  Trenton,  December  1  1th, 
1784.  ........  127 

Encloses  a  letter  for  the  King  of  France,  recommend- 

ing the  Marquis  de  la  Fayette. 

From  Richard  Henry  Lee  to  the  Marquis  de  la  Fay- 
ette.    Trenton,  December  llth,  1784.     -          -128 
Encloses  a  letter  to  Dr.  Franklin.     Wishes  for  his 
future  welfare.     Extract  from  the  secret  Journal, 
December  9th,  1784,  (128.)  Report  of  a  committee. 
Compliment  paid  to  the   Marquis.     Further   ex- 
tract December  13th,  1784.     Leave  taken  of  the 
Marquis.     Address  of  the  Marquis  on  the   occa- 
sion, (130.) 

Letter  from  the  Congress  of  the  United  States  to 
the  King  of  France  and  Navarre.     Trenton,  De- 
cember llth,  1784.         .....  132 

Recommending  the  Marquis  de  la  Fayette. 

Letter  from  the  King  of  France  to  the  Congress  of 
the  United  States  of  America.  Versailles,  May 
10th,  1785.  .......  133 

Replies  to  the  letter  of  Congress  recommending  the 

Marquis  de  la  Fayette. 

From  Richard  Henry  Lee  to  Benjamin  Franklin, 
Paris.  Trenton,  December  14th,  1784.  -  -133 

Encloses  a  resolution  of  Congress,  December  14th, 
intended  to  prevent  the  signing  of  the  Convention. 

Extract  from  the  secret  Journal  of  foreign  affairs, 
December  14th,  1784.  -  -  -  134 

Note  from  the  Charge  d'Affaires  of  France,  en- 
closing1 a  letter  from  Don  Francisco  Rendon,  agent 


XXJ1  CONTENTS. 

Page. 

of  the  Court  of  Madrid,  with  an  extract  of  a  letter 
from  Don  Joseph  de  Galvez,  Minister  of  his  Cath- 
olic Majesty,  on  the  navigation  of  the  Mississippi. 

Extract  from  the  secret  Journal  of  foreign  affairs, 
December  15th,  1784. 134 

Letter  from  de  Marbois,  enclosing  notes  from  Fran- 
cisco Rendon  and  Joseph  de  Galvez .     Report  of  the 
committee  to  whom  the  papers  were  referred  (137. ) 
Resolutions  of  Congress  thereon,  (137.) 
Monsieur  de  Marbois   to  John   Jay,  Philadelphia, 

December  1st,  1784. 139 

On   the  settlement  of  accounts.     Recommends  the 
passing  of  laws  in  order  to  effect  prompt  settle- 
ments. 
Extract  from  the  secret  Journal   of  foreign  affairs, 

December  16th,  1784. 140 

Report  of  a  committee  to  whom  were  referred  notes 
of  the  Charge  d' Affaires  of  France,  dated  De- 
cember 1st,  December  7th.  Resolutions  of  Con- 
gress thereon,  (141,  143.) 

Letter  from  John  Jay,  Secretary  for  Foreign  Affairs, 
to  Monsieur  de  Marbois,  Charge   d'Affaires  of 
France,  at  Philadelphia.     Office  of  Foreign  Af- 
fairs, Trenton,  December  22nd,  1784.      -         -  145 
Announces  his  appointment  to  the  office  of  Secre- 
tary for  Foreign   Affairs,  and  the  proximate  ad- 
journment of  Congress  to    meet  at    the    City    of 
New  York. 

From  Monsieur  de  Marbois  to  John  Jay.     December 
24th,  1784. 146 

Acknowledges  receipt  of  letter,  &c. 
From  John  Jay   to  Monsieur  de  Marbois.     New 
York,  December  28th,  1784.        ^  .,:'  -         -  147 
Acknowledges  the   receipt  of  a   letter  of  the  24th 

December. 

Note   from   Monsieur   de    Marbois   to   John   Jay. 

New  York,  January  27th,  1785.        -         -         -  147 

Desires  measures  of  Congress  to  be  communicated 

touching   negotiation  with  the  Court  of  Madrid. 

Opinion  of  Mr.  Rendon  on  the  views  of  his  Court. 

Proposes  a  new  treaty  of  commerce.     Commerce 

with  the  Indies,  the  Isle  of  France  and  Bourbon. 

Advantages  thereof.     Debts  of  the  United  States 

to  the  King.     Debts  of  the  United  States  to  French 

subjects. 

From  the  same  to  the  same.     New  York,  January 
28th,  1785.  ......  150 


CONTENTS.  XX111 

Page. 
Refers  to  the  previous  note.     Affairs  of  Longchamps. 

Wishes  to  consult  with  Mr.  Jay  on  that  subject. 
Note  from  the  same  to   the  same.     (Without  date, 
but  from  Mr.  Jay's,  appears  to  be  the  31st.)  151 

Communicates   an  extract  of  a  letter  from  France, 

which  treats  of  the  disturbed  affairs  of  Holland. 
From  John  Jay  to  Monsieur  de  Marbois.    Office  of 
Foreign  Affairs,  New  York,  January  31st,  1785.  152 

Acknowledges  the  reception  of  his  note,  containing 
an  extract  from  Paris.  Gives  assurances  of  the 
disposition  of  Congress  to  cultivate  the  friendship 
of  the  Catholic  King. 

From  Monsieur   de  Marbois  to  John  Jay.     New 
York,  February  10th,  1785.     -         -         -         -  153 

The  surrender  of  Longchamps  demanded.  Propriety 
of  the  surrender.  False  representations.  News- 
paper remarks. 

From  the  same  to  the  same.     New  York,  February 
10th,  1785. 155 

Transmits  an  anonymous  letter,  showing  the  spirit 
which  prevails  in  Philadelphia  upon  the  affair  of 
Longchamps. 

From  John  Jay  to  Monsieur  de  Marbois.     New 
York,  February  llth,  1785.     -         -         -         -156 

Acknowledges  the  receipt  of  Monsieur  de  Marbois* 
letter,  enclosing  the  anonymous  paper.  Will  com- 
municate the  result  of  the  deliberations  of  Con- 


Note  of  Monsieur  de  Marbois  to  John  Jay.    -         -  156 
Formal  demand  by  the  Charge  d' Affaires  of  France 
for  the  surrender  of  the  Sieur  Longchamps.     Pro- 
mised reciprocity  in  cases  analagous. 

From  John  Jay  to  the  President  of  Congress.  New 
York,  February  llth,  1785.     -         -         -         -157 

Encloses  the  note,  &c.  of  Monsieur  de  Marbois.    Sub- 
mits them  to  Congress.     Report  of  the  Secretary 
of  Foreign  Affairs  to  Congress,  (157) 
From  Monsieur  de  Marbois  to  John  Jay.     New 
York,  February  22nd,  1785.    -         -         -         -  161 

Intends  proceeding  to  Philadelphia.  Expects  to  be  de- 
tained there  some  weeks.  Solicits  information  of 
the  proceedings  of  Congress.  Memorial  of  the 
Sieur  Rousille  (162.)  Encloses  a  newspaper, 
wishes  to  know  the  opinion  of  Congress  upon  an  ar- 
ticle therein.  His  only  appeal  to  that  assembly  for 
the  inviolability  due  to  his  character.  Memorial  of 
the  Sieur  Rousille.  Extract  of  a  letter  from  the 
Count  de  Vergennes,  &c.  (166)  with  vouchers,  &c. 


XX1T  CONTENTS. 

Page. 

From  Monsieur  de  Marbois  to  John  Jay.     Philadel- 
phia, March  8,  1785. 170 

Addresses  an  accompanying1  note  in  favor  of  French 
claimants;  requests  it  may  be  laid  before  Congress. 
Refers  to  former  notes,  particularly  one  respecting 
French  officers  and  their  widows;  requests  informa- 
tion upon  that  subject,  also  with  regard  to  the  pay- 
ments to  be  made  to  the  royal  treasury. 
From  John  Jay  to  Monsieur  de  Marbois.     Office  of 
Foreign  Affairs,  March  10th,  1785.  -         -         -  173 
Informs  that  Benjamin  Franklin  has  permission  to  re- 
turn to  America.  A  day  appointed  to  elect  his  suc- 
cessor. 
From  the  same  to  the  same.     New  York,  March 

llth,  1785. 173 

Informs  of  the  election  of  Thomas  Jefferson  to  be 

Minister  Plenipotentiary  to  the  Court  of  Versailles. 

From  Monsieur  de  Marbois  to  John  Jay.     March 

17th,  1785. 174 

Acknowledges  the  receipt  of  the  foregoing. 
From  John  Jay    to  Monsieur  de  Marbois.     New 
York,  March  21,  1785.  -f ,'-         -         -174 

Acknowledges  the  receipt  of  a  letter  of  the  8th  inst. 
Reason  assigned  for  the  delay  in  answering.  De- 
lays of  business  before  deliberative  bodies  inevita- 
ble. Congress  will  give  a  respectful  attention  to 
all  applications  on  the  part  of  his  most  Christian 
Majesty.  Will  communicate  what  Congress  is 
pleased  to  refer. 

From  Monsieur  de  Marbois  to  John  Jay.   Philadel- 
phia, March  29th,  1785.          -         -         -         -  175 
Replies  to  the  letter  of  the  21st  March.     Importunes 
for  an  answer  to  his  letter  of  the  25th  December 
last.     Wishes  to  be  relieved  from  atrust  reposed  in 
him  by  Congress. 

From  Monsieur  de  Marbois  to  John  Jay.     Phila- 
delphia, April  9th,  1785.        -        -        -        -  176 

Encloses  the  commission  of  Consul  for  the  two  Caro- 
linas  and  Georgia,  (177.)  Requests  the  customary 
resolutions.  Intends  to  return  to  New  York.  The 
duties  of  the  consulate  will  be  performed  by  his 
brother  during  absence.  Wishes  the  acknowledg- 
ment of  his  brother  as  Vice  Consul. 
Report  of  the  Secretary  for  Foreign  Affairs,  (179) 

and  resolution  of  Congress.      -         -  -  182 

From  John  Jay   to  Robert  Morris.     March  31st, 
1785.    -        -        -  ....  184 

Requests  him  to  take  charge  of  the  picture* 


CONTENTS.  XXT 

Page. 

From  John   Jay  to   Monsieur    de    Marbois.     New 
York,  March  31st,  1785.         -         -         -   '     -  185 

Informs  that  he  has  requested  Mr.  Morris  to  take 
charge  of  the  pictures  of  the  King  and  Queen  of 
France,  until  the  season  admits  of  their  being  trans- 
ported to  New  York. 

From  Mr.  Morris  to  Monsieur  de  Marbois.     Phila- 
delphia, April  15th,  1785.      -         -         -         -  185 

Explanation  of  his  intentions  with  regard  to  the  pic- 
tures. Presumes  some  mistake  has  prevented  their 
delivery.  Requests  an  explanation  of  Monsieur  de 
Marbois. 

From  Monsieur  de  Marbois  to  Mr.  Morris.     Phila- 
delphia, April  15th,  1785.       -         -         -         -  18S 

Assigns  his  reasons  for  not  suffering-  the  pictures  to 

be  removed. 

From  Mr.  Morris  to  Monsieur  de  Marbois.     Phila- 
delphia, April  16th,  1785.         -         -         -         -  188 

Further  explanations  about  removing  the  pictures. 

Relinquishes  further  interference. 

From  Mr.  Morris  to  John  Jay.     Philadelphia,  April  ' 
16th,  1785.  -         -         -         -  190 

His  proceedings  with  regard  to  the  pictures.  En- 
closes the  correspondence  of  Monsieur  de  Marbois 
upon  the  subject. 

From  Monsieur  de  Marbois  to  Mr.  Morris.     Phila- 
delphia, April  16th,  1785.       -        -        -        -  191 

Explanations  of  Mr.  Morris  satisfactory.     Desires  to 

remove  unfavorable  impressions. 

From  Monsieur  de  Marbois  to   John  Jay.     Phila- 
delphia, April  17th,  1785.      -         -         -         -  192 
Has  received  the  communications  respecting  the  por- 
traits.    Wishes  the  honor  of  presenting  them  him- 
self.    Hopes  to  present  them  the  beginning  of  next 
month. 

From  John  Jay  to  R.  Morris.     Office  of  Foreign 
Affairs,  April  22nd,  1785.         -         -         -         -  192 
Regrets  that  his  friendly  compliance  had  brought  him 
into  an  unpleasant  correspondence.     Conduct  per- 
fectly proper. 

From  John  Jay  to  the  President  of  Congress.     Of- 
fice of  Foreign  Affairs,  April  28th,  1785.          -  193 
Encloses  a  letter  from  the  Marquis  de  la  Fayette. 
Paragraph  respecting  Longchamps.     Communica- 
tion confidential.     Measures  recommended. 
From  Monsieur  de  Marbois  to   John  Jay.     New 
York,  16th  May,  1785.  -         -         -         -  194 

VOL.  i.— 4 


CONTENTS. 


Encloses  a  memorial.  Monsieur  de  Chateaufbrt  de- 
tained only  from  the  want  of  the  recommendations 
of  Congress.  Memorial,  (194.)  Submits  to  Con- 
gress various  matters  which  they  have  not  yet  acted 
upon.  Loan  office  certificates,  distressed  state  of 
many  French  subjects.  Application  to  one  of  the 
States  unsatisfactory.  Thinks  the  amount  of  claims 
between  five  and  six  million  of  dollars.  Different 
propositions  made  to  Congress.  Affair  of  Mr.  Bing- 
ham.  Debts  due  to  the  Sieurs  Sabbatier  and  De- 
pres.  Refers  to  his  note  of  the  8th  March.  Re- 
news demands  which  the  Chevalier  de  la  Luzerne 
had  made.  Begs  the  attention  of  Congress  to  these 
interesting  subjects. 

From  John  Jay  to  Monsieur  de  Marbois.     Office 
of  Foreign  Affairs,  18th  May,  1785.       -         -  199 
Informs  of  the  accomplishment  of  the  business  of 

Monsieur  de  Chateaufort. 

From  the  same  to  the  same.     May  19th,   1785     199 
Encloses  an  extract  from  the  act  of  Congress  which 
relates  to  the  appointment  of  his  brother  as  Vice 
Consul. 

From  Monsieur  de  Marbois  to   John   Jay.     New 
York  19th  May,   1785.  -         -         -         -  200 

Has  received  the  letters  of  the  18th  and  19th  of  May, 
and  resolutions  of  Congress  relative  to  Monsieur  de 
ehateaufort  and  the  Vice  Consul  of  Philadelphia. 
Late  advices  from  Marseilles.  No  further  captures 
of  American  vessels. 

From  John   Jay   to   the   President   of   Congress. 
May  36th,  1785.  -        -        -        -        -  201 

Encloses  the  memorial  of  the  16th  inst. 
From  Monsieur  de  Marbois  to  John  Jay.     New 
York,  June  1,  1785. 201 

Communicates  the  copy  of  a  letter  from  the  King  of 
France;  wishes  to  know  the  time  when  the  original 
may  be  delivered,  Letter  of  the  King  of  France  to 
Congress,  conveying  the  information  of  the  birth  of 
a  prince,  who  has  been  called  the  duke  of  Nor- 
mandy. 
From  John  Jay  to  the  President  of  Congress. 

June  3rd,  1785. 202 

Transmits  the  letter  of  the  King  of  France  to  Con- 
gress. Mode  of  delivering  a  letter  from  a  sovereign. 
Report  of  Secretary  Jay  upon  the  above  letter,  and 
form  of  reply,  (203) 
Monsieur  de  Marbois  to  John  Jay.     New  York, 

June  14th,  1785. 204 

French  creditors;  Monsieur  de  Chaumont  employed 


CONTENTS.  XXV11 

Page. 

by  them.  Encloses  his  memorial.  Solicits  the  at- 
tention of  Congress  to  the  subject.  Memorial  of 
James  D.  le  Roy  de  Chaumont  in  behalf  of  French 
creditors  (205.) 

John  Jay  to  Monsieur  de    Marbois.     June    27th, 
1785.  -        -        -220 

Acknowledges  the  receipt  of  the  preceding  letter  and 

memorial. 
Monsieur  de  Marbois  to  John  Jay.     New  York, 

July  1st,  1785. 220 

Refers  to  the  contract  between  the  King  and  the  Unit- 
ed States,  of  the  25th  February,   1783.     Interest 
due.     Wishes  the  contract  laid  before  Congress. 
Copy  of  the  loan  contract,  (221)  dated  February 
25th,  1783,  ratified  the  31st  day  of  October,  1783. 
John  Jay  to  Monsieur  de  Marbois.     July  2nd,  1785.  226 
Has  received  the  letters  and  papers  enclosed,  of  the 
preceding  date,     Will  lay  them  before  Congress, 
and  communicate  early  any  answer. 
Monsieur  de  Marbois  to  John  Jay.     New  York, 
18th  July,  1785.     -         -         -         -         -         -  227 

Encloses  a  copy  of  the  letter  from  the  King  of  France 

to  Congress. 
John    Jay  to  Monsieur  de    Marbois.     July  19th, 

1785. 227 

Encloses  a  copy  of  a  letter  of  the  4th  April,  1785, 
from  Mr.  Read,  on  the  subject  of  Pierre  Rousille's 
memorial.  Letter  of  Robert  Moms  enclosing 
the  letter  of  James  Read,  (228.) 

From  Mons.  de  Marbois  to  John  Jay.     New  York, 
July  19th,  1785.  229 

Acknowledges  the  receipt  of  Mr.  Jay's  letter  of  the 

19th  July,  1785,  with  the  enclosure. 
John  Jay  to   Monsieur  de   Marbois.     July   20th, 

1785. 230 

Subjoins  an  extract  of  a  letter  received  from  the  Se- 
cretary  of  Congress.     "  One  letter  of  the  King  of 
France  has  been  substituted  for  another." 
Monsieur   de  Marbois   to  John   Jay.     July   20th, 
1785. 230 

Explains  the  mistake,  and  promises  to  transmit  the 
true  letter. 

Same  to  the  same.     July  29th,  1785.  -  231 

John  Jay  to  the  President  of  Congress.     August 
2nd,  1785.  -        -        -        -  231 

Conversation  with  Monsieur  Marbois  on  the  affair  of 
Longchamps.  The  French  Court  desist  from  their 
demand. 


XXV111  CONTENTS. 

Page. 

John  Jay   to  Monsieur  de  Marbois.     August  9th, 
1785.  -------  232 

Transmits  an  act  of  Congress  of  the  3rd  August, 
1785.  Extract  from  the  Journal,  3rd  August, 
1785  (232.) 

Monsieur  de  Marbois  to  John  Jay.     August  10th, 
1785.  233 

Acknowledges  the  receipt  of  the  previous  letter,  and 
its  enclosures. 

From  the  same  to  the  same.     New  York,  August 
20th,  1785. 234 

Memorial  of  French  merchants;  transmits  a  copy, 
which  he  wishes  may  belaid  before  Congress  (234  ) 
Memorial  presented  by  certain  French  merchants 
to  the  Charge  d' Affaires  of  France. 

John  Jay  to  Monsieur  de  Marbois.     August  22nd, 
1785.  -         -         -         -     '   -         -         -  240 

Has  received  the  letter  of  the  20th  inst.  which,  with 

its  enclosure,  will  be  submitted  to  Congress. 
.John  Jay  to   the  President  of  Congress.     August 
25th,  1785.  -         -         -         -         -         -  240 

Encloses  to  the  President  the  letter  of  M.  Marbois 

and  the  memorial  of  French  merchants. 
Report  of  John  Jay  on  the  memorial  of  French 
merchants.     October  7th,  1785.       ...  241 

Monsieur   de  Marbois  to  John  Jay.     New  York, 

August  25th,  1785. 244 

Questions  touching  the  operation  of  the  XI  article  of 
the  treaty  of  commerce.  The  privileges  of  French- 
men. 

John   Jay   to   Monsieur   de  Marbois.     September 
2nd,  1785.  245 

Replies  to  the  letter  of  the  25th  August;  thinks  that 
all  questions  which  are  affected  by  existing  treaties, 
should  be  submitted  to  Congress. 

From  the  same  to  the  same.     August  31st,  1785.    246 
Agreeable  to  request  made  in  conversation,  returns 
all  the  papers  touching  the  affair  of  Longchamps. 
*   •»      Further  measures  in  contemplation  to  preserve  in- 
violate the  laws  of  nations  respecting  legations. 
Monsieur  de   Marbois  to  John   Jay.     New  York, 

August  30th,  1785. 247 

Addresses  to  Mr.  Jay  a  note,  (247)  wherein  he  an- 
nounces his  appointment  to  the  Intendcncy  of  St. 
Domingo,  and  the  nomination  of  M.  Otto  to  the 
post  of  Charge  d' Affaires  of  France  to  the  United 
States,  during  the  absence  of  the  Chevalier  de  la 


CONTENTS.  XXIX 

Page. 

Luzerne.  Report  of  Secretary  Jay  on  the  letter 
and  note  of  Monsieur  de  Marbois,  and  draft  of  let- 
ters of  reply,  (248,  249.) 

Monsieur  de  Marbois  to  John  Jay.     New  York, 
September  24th,  1785.  -         -         -         -  251 

Satisfaction  at  receiving-  the  letters  of  Mr.  Jay.  Pro- 
poses to  depart  from  the  United  States.  Intercession 
in  favor  of  Longchamps. 

Monsieur  Otto  to  John  Jay.     New  York,  Septem- 
ber 28th,  1785. 252 

Upon  the  departure  of  Monsieur  Marbois,  will  en- 
ter upon  the  functions  of  his  office.  Is  pleased 
with  having  to  transact  business  with  Mr.  Jay. 
Hopes  to  deserve  the  approbation  of  Congress,  and 
draw  still  closer  the  bonds  which  unite  the  two  na- 
tions. Wise  policy  of  the  alliance. 

Monsieur  Otto  to  John  Jay.     New  York,  Novem- 
ber 28th,  1785. 254 

Transmits  the  plan  of  a  treaty  for  a  correspondence 
between  the  post  offices  of  France  and  the  United 
States;  requests  it  may  be  submitted  to  Congress, 
unless  in  the  opinion  of  Mr.  Jay  the  Postmaster 
General  is  already  sufficiently  empowered  to  nego- 
tiate a  treaty.  Note  addressed  to  Congress  of  the 
same  tenor,  (255.)  Plan  of  a  treaty  containing 
seventeen  articles,  (255. ) 

John  Jay  to  Monsieur  Otto.    November  28th,  1785.  261 

Letter  of  the  28th  November  received,  with  the  en- 
closed papers  respecting  the  post  office.  Letter 
of  Ebenezer  Hazard,  Postmaster  General,  to  John 
Jay,  of  the  21st  December,  1785,  and  16th  Februa- 
ry, 1786,  on  the  proposed  plan  of  a  treaty,  (261.) 
Report  of  Secretary  Jay  on  the  same  subject,  Feb- 
ruary 21st,  1786,  (263.) 

John  Jay  to  the  President  of  Congress.     December 
26th,  1785. 266 

Encloses  to  the  President  Mr.  Otto's  note  of  the  28th, 
with  the  plan  of  the  proposed  treaty  between  the 
post  offices. 

Monsieur  Otto  to  John  Jay.     New  York,  Novem- 
ber 30th,  1785.  -         -         -         -  266 

Encloses  a  note  to  be  laid  before  Congress,  relating 
to  the  debts  of  the  United  States  due  to  his  Majes- 
ty. Refers  to  the  various  notes  of  his  predecessor 
on  the  same  subject.  Reflections  upon  his  note. 
Situation  of  French  creditors  and  partial  conduct  of 
different  States.  Note  of  Monsieur  Otto  to  Con- 
gress on  the  same  subject,  November  30th, 
1TS5,  (2680 


XXX  CONTENTS. 

John  Jay  to  Monsieur  Otto.     Nov.  30th,  1785.         275 
Acknowledges  the  receipt  of  the  letter  and  note  of 
the  same  date.     Will  submit  them  to  Congress  and 
report  the  result  of  their  deliberations. 

Monsieur  Otto  to  John  Jay.  New  York,  Decem- 
ber 19th,  1785. 276 

Brevet  of  Monsieur  Foret  as  Vice  Consul  General  and 
Vice  Consul  for  the  States  of  Pennsylvania  and 
Delaware;  reasons  for  the  appointment;  Congress 
having  changed  their  residence.  Requests  similar 
resolutions  may  be  passed  as  in  the  case  of  the 
younger  brother  of  M.  Marbois. 
John  Jay  to  the  Sieur  de  la  Foret.  New  York, 

January  10th,  1786. 277 

Returns  the  brevet  or  commission,  with  an  act  of  Con- 
gress upon  the  subject.     Extract  from  the  secret 
Journal,  January  6th,  1786,  (277.) 
Sieur  de  la  Foret  to  John  Jay.     New  York,  Janua- 
ry llth,  1786.        -        -        -,  -        -  278 

Acknowledges  the  receipt  of  Mr.  Jay's  letter  of  the 
6th  inst. 

John  Jay  to  Monsieur  Otto.  March  6th,  1786.  -  279 
Thinks  the  4th  and  5th  articles  in  the  proposed  con- 
vention regulating  the  intercourse  between  the  post 
offices  of  the  two  countries  inexpedient ;  proposes, 
and  encloses  a  plan  which  he  thinks  would  be  more 
easily  executed  ;  would  be  pleased  to  confer  upon 
the  subject.  Plan  of  post  office  convention  con- 
taining six  articles,  (279.) 

Monsieur  Otto  to  John  Jay.  New  York,  April 
18th,  1786. 282 

Addresses  to  Mr.  Jay  a  note,  to  be  laid  before  Con- 
gress, (282.)  Note. — Has  received  express  orders  | 
to  remind  Congress  that  the  ratifications  of  the 
consular  convention  have  not  been  exchanged ; 
the  King  desires  the  formality  shall  not  be  defer- 
red ;  Congress  is  reminded  that  no  answer  has  been 
returned  to  his  memorial  of  the  30th  November 
last. 

Report  of  Secretary  Jay,  on  the  motion  of  the 
honorable  Mr.  Pinckney,  directing  a  reply  to  be 
made  to  the  Charge  d' Affaires  of  France,  March 

9,  1786. 283 

The  scheme  of  the  convention  between  his  most 
Christian  Majesty  and  the  United  States  of  North 
America,  for  defining  and  regulating  the  functions 
and  privileges  of  Consuls,  Vice  Consuls,  Agents 
and  Commissaries,  containing  twenty-six  articles.  284 


CONTENTS.  XXXI 

^  ^-^  Page. 

Report  of  Secretary  Jay,  upon  the  scheme  of  the 
convention  respecting  French  and  American  Con- 
suls. July  4th,  1786.  -  -  304 

Report  of  Secretary  Jay  on  a  reference  of  the  sub- 
ject of  the  consular  convention.  August  18th, 
1786. 323 

From  Monsieur  De  la  Foret  to  John  Jay.  New 
York,  23rd,  1786. 326 

Encloses  extracts  of  letters  from  the  Marshal  de  Cas- 
tries, on  the  affairs  of  Algiers,  (326,  327.) 
From   John  Jay    to   the    President   of   Congress. 
April  24th,  1786. 327 

Transmits  the  letter  of  Monsieur  de  la  Foret,  and  the 
extract  of  a  letter  from  the  Mareschal  de  Castries. 

Monsieur  Otto  to  John  Jay.  New  York,  June 
27th,  1786.  ----.-  328 

Reminds  Mr.  Jay  of  a  promise  made  to  solicit  the  rati- 
fication of  the  consular  convention  as  soon  as  nine 
States  should  be  assembled.  Conversations  with 
members  of  their  Congress ;  their  reasons  for  delay. 
Begs  that  the  affair  may  be  submitted  to  Congress, 
and  some  resolution  obtained,  that  Consuls  may  be 
informed  of  the  extent  of  their  powers 

John  Jay  to  Monsieur  Otto.  July  3rd,  1786.  -  329 
Letter  of  the  27th  June  received.  Remembers  the 
conversation  ;  but  of  a  different  import.  Action 
upon  Mr.  Otto's  letter  of  the  18th  April.  Will 
transmit  to  the  President  of  Congress  the  letter  of 
the  27th  June,  and  will  return  any  they  may  be 
pleased  to  direct,  without  delay.  Believes  Mr. 
Jefferson  will  assign  satisfactory  reasons  for  the  de- 
lay, to  his  Majesty. 

Monsieur  Otto  to  John  Jay.  New  York,  July 
6th,  1786.  ......  330 

Mr.  Jay's  letter  received  on  the  3rd  instant.  Regrets 
his  absence  on  the  4th  ;  will  make  a  suitable  apology 
to  the  President. 

John  Jay  to  the  President  of  Congress.  October 
9th,  1786.  ......  831 

Discovery  made  by  Mr.  Remsen,  that  the  printed 
scheme  of  the  convention  does  not  correspond  with 
the  copy  in  this  office.  Many  important  omissions. 
Thinks  the  scheme  still  more  ineligible.  Notwith- 
standing, advises  its  conclusion  for  a  limited  time. 
Note  of  the  difference  in  the  twelfth  article  ;  many 
other  variations  which  do  not  affect  materially  Mr. 
Jay's  report. 


XXXII  CONTENTS. 

Page. 

Monsieur  Otto  to  John  Jay.     New  York,  October 
9th,  1'786.  333 

Requests  the  resolution  which  Congress  may  have 
taken  concerning  the  consular  convention,   with  a 
view  to  transmit  it  to  his  Court. 
John  Jay  to  Monsieur  Otto.     October  12th,  1786.  333 

Letter  of  Monsieur  Otto  communicated  to  Congress. 
Is  instructed  to  reply  "that  their  communications 
will  be  officially  made  through  their  Minister  resi- 
dent at  Paris,  and  that  they  do  not  think  it  neces- 
sary to  accept  his  polite  offer." 

Monsieur  Otto  to  John  Jay.     New  York,  October 
23rd,  1786. 334 

Transmits  to  Congress,  by  command  of  his  Majesty, 
a  letter  on  the  birth  of  a  princess. 

The  King  of  France  to  Congress.     July  9th,  1786.  334 
Communicating-  the  intelligence  of  the  birth  of  a 

princess. 

John  Jay  to  Monsieur  Otto.     New  York,  Decem- 
ber 18th,  1786. 335 

The  letter  of  his  Majesty  and  that  of  Monsieur  Otto 
was  immediately  laid  before  Congress,  the  absence 
of  some  of  the  representatives  prevents  an  imme- 
diate reply. 

Monsieur  Otto  to  John  Jay.     New  York,  Decem- 
21st,  1786.  336 

Acknowledges  the  receipt  of  Mr.  Jay's  letter  of  the 
18th.     Delay  on  the  part  of  Congress  will  leave  no 
room  to  doubt  the  sincerity  of  their  sentiments. 
Questions  having  been  asked  by  members  of  Con- 
gress respecting  an  intended  transfer  of  Louisiana, 
encloses  an  extract  of  a  letter  from  the  Count  de 
Vergennes,  contradicting  the  report. 
From  the  same  to   the  same.      New  York,  Octo- 
ber 23rd,  1786.  337 

Subjoins  an  extract  of  a  letter  from  the  Count  de 
Vergennes,   wherein  it  is  apprehended  that  false 
impressions  may  be  made  by  newspaper  statements, 
that  it  is  the  interest  of  France  to  excite  the  Barba- 
ry  powers  against  the  United  States,  (337.) 
John  Jay  to  Monsieur  Otto.     New  York,  Novem- 
ber 2nd,  1786.  338 

Introduces  Colonel  Talbot,  who  has  two  sons,  whom 
he  wishes  to  educate  for  the  sea,  and  place  on  board 
the  King's  packet. 

Monsieur  Otto  to  John  Jay.     New  York,  Novem- 
ber 3rd,  1786.  338 

Has  received  Mr.  Jay's  letter  on  the  subject  of  Colonel 


CONTENTS.  XXX11I 

Page. 

Talbot's  sons.  Will  solicit  permission,  and  hopes 
to  succeed  in  five  or  six  months,  notwithstanding1 
some  difficulties. 

From  Monsieur  Otto  to  John  Jay.  New  York, 
May  20th,  1787.  -  -  339 

Encloses  copies  of  letters  from  the  Count  de  Mont- 
morin,  (340)  and  the  Marshal  de  Castries,  (340)  on 
the  subject  of  Colonel  Talbot's  sons. 

From  the  Count  de  Moustier  to  John  Jay.  New 
York,  February  4th,  1788.  -  -  -  341 

Letter  of  credence,  with  a  request  that  it  may  be 
communicated  to  Congress,  and  that  a  day  may  be 
appointed  for  a  public  audience. 

Report  of  Secretary  Jay.     February  12th,  1788.  342 
From  Count  de  Moustier  to  John  Jay.    New  York, 
February  4th,  1788. 343 

Transmits  to  Mr.  Jay  copy  of  a  letter  from  the  King, 
recalling  Chevalier  de  la  Luzerne. 

Letter  of  the  King  to  the  Congress.  Versailles, 
September  30th,  1787.  -  -  -  -  343 

From  the  Chevalier  de  la  Luzerne  to  Congress, 
Paris, 1787. 344 

Announces  his  recall  as  Minister  to  the  United  States, 
and  takes  his  leave  accordingly. 

Report  of  Secretary  Jay  on  the  above  letter. 
March  13th,  1788. 346 

Report  of  Secretary  Jay  on  the  two  letters  of  his 
most  Christian  Majesty.  -  -  347 

From  the  Count  de  Moustier  to  John  Jay.  Febru- 
ary 19th,  1788. 348 

Being  invited  to  dine  with  the  President  of  Congress 
on  the  same  day  which  is  fixed  upon  for  the  audi- 
ence, requests  that  Mr.  Jay  will  send  him  the  reso- 
lutions of  Congress,  for  his  information. 

John  Jay  to  the  Count  de  Moustier.  February 
19th,  1788. 349 

Day  of  public  audience  appointed,  will  be  received 
the  26th  instant  at  12  o'clock. 

Extract  from  the  journals  of  Congress.     February 

14th,  1788. 349 

From  the  Count  de  Moustier  to  John  Jay.  New 
York,  February  20th,  1788.  -  -  -  350 

Acknowledges  the  receipt  of  the  letter  transmitting 
the  resolution  of  Congress.  Encloses  his  intended 
speech. 

VOL.  i.— 5 


XXXIV  CONTENTS. 

Page. 

Speech  of  Count  de  Moustier.  ...  351 

Report  of  Secretary  Jay,  and  draft  of  an  answer  to 
the  speech  of  the  Count  de  Moustier.     Febru- 
ary 21st,  1788.  -         -  352 
From  the  Count  de  Moustier  to  John  Jay.     New 
York,  May  28th,  1788.            -         -         -         -353 

Encloses  a  note,  which,  from  the  importance  of  its 
contents,  wishes  may  be  submitted  to,  and  acted 
upon  immediately  by  Congress. 

Note — of  the  Minister  Plenipotentiary  of  France, 
demanding  the  surrender  of  Joseph  Marie  Anne 
Ferrier,  a  native  of  Languedoc,  for  an  alleged 
crime.  .____._  354 

Copy  of  a  letter  from  the  Sieur  Oster  to  the  Go- 
vernor of  Virginia,  marked  No.  1.  Norfolk, 

October  2nd,  1787. 358 

Copy  of  a  second  letter  from  the  same  to  the  same, 

marked  No.  2.     Norfolk,  November  llth,  1787.  361 
From  Governor  Randolph  to   M.  Oster.      Rich- 
mond, November  22nd,  1787.  -         -         -  363 

Encloses  a  law  of  the  State  of  Virginia,  (364.) 
From  John  Jay  to  the  Count  de  Moustier.     New 
York,  May  29th,  1788.  -         -         -         -  365 

Acknowledges  the  receipt  of  the  communication  of 
the  28th  instant.  Will  submit  it  to  Congress  as 
soon  as  it  can  be  translated. 

Report  of  Secretary  Jay  on  the  note  of  the  Minis- 
ter of  France.     June  6th,  1788.        -         -         -  365 
John  Jay  to  the  Governor  of  Virginia.     June  13th 

1788.  -         - 366 

Encloses  a  copy  of  the  note  from  the   Minister  of 

France.     Asks    for    information.     The    sense    of 

Congress  that  Joseph  Marie  Anne  Ferrier  ought 

to  be  apprehended. 

Extract  from  the  secret  journal  of  foreign  affairs. 

June  13th,  1788. 367 

From  the  Count  de  Moustier  to  John  Jay.  New 
York,  August  llth,  1788.  -  -  -  -368 

Being  about  to  undertake  a  journey,  Monsieur  Otto 
will  remain  charged  with  affairs. 

John  Jay  to  the  Count  de  Moustier.     August  12th 
1788.  -        -        -        -        -        -        -  369 

Has  received  and  communicated  to  Congress  the  letter 
of  the  llth  instant. 


CONTENTS.  XXXV 

Page. 

From  the  same  to  the  same.     Octoher  16th,  1788.  369 

Encloses  copies  of  two  letters  from  the  Governor  of 

Virginia,  relative  to  the  affair  of  Ferrier. 
Copy  of  a  letter  from  Governor  Randolph  to  John 

Jay.     Richmond,  June  30th,  1788.  -         -  369 

Second  letter  of  the  Governor  of  Virginia  to  the 

same.     July  2nd,  1788.  -         -         -         -  370 

Extract  from  the  laws  of  Virginia.         -'-"'-  374 
Extract  from  the  journals  of  the  Council.    August 

21st,  1784.  377 

From  the  Count  de  Moustier  to  John  Jay.     New 

York,  October  18th,  1788.  ...  373 

Encloses  a  sketch  of  a  conversation  respecting    Mr. 

Randolph's  answer  in  the  affair  of  Ferrier,  (378.) 
From  John  Jay  to  the  President  of  Congress.  Sep- 
tember 19th,  1788. 381 

Has  postponed  reporting  on  the  letters  of  the  Gov- 
ernor of  Virginia,  in  consequence  of  the  absence 
of  the  French  Minister.  The  delay  will  not  be 
inconvenient. 

From  John  Jay  to  the  Governor  of  Virginia.  Sep- 
tember 24th,  1788. 381 

Has  submitted  the  letters  of  the  30th  June  and  2nd 
July  last,  to  Congress.  Delay  in  answering  ac- 
counted for.  Consular  convention  never  ratified, 
Foreign  Consuls  no  authority  but  what  they  derive 
from  the  law  of  nations. 

Report  of  Secretary  Jay  on  the  obligation  to  ratify 
the  consular  convention  with  France,  under  the 
new  form  of  government.  July  25,  1789.  -  382 


CORRESPONDENCE  OF  LA  FAYETTE. 
From  the  Marquis  de  la  Fayette  to  the   President 
of  Congress.     Paris,  December  26th,  1783.       -  387 
Has  directed  to  Mr.  Morris  some  hints  on  American 
commerce.     Change  of  Ministry  in  England.     Af- 
fairs in  the  north  and  east  of  Europe . 
From  Marquis  de  la  Fayette  to  Robert  Morris.  De- 
cember 26th,  1783. 388 

Observations  of  Marquis  de  la  Fayette  addressed  to 
the  Count  de  Vergennes  on  the  commerce  of 
the  United  States.  -  -  391 
From  the  Marquis  de  la  Fayette  to  Robert  Morris. 
January  10th,  1784,  enclosing  a  letter  from  M.  de 
Calonne. 403 


XXXVI  CONTENTS. 

Page. 

From  Robert  Morris  to  John  Jay.  September  30th, 

1784.  404 

Encloses  a  copy  of  a  letter  of  the  14th  of  August, 
from  the  Marquis  de  la  Fayette,  (405. )  with  other 
original  papers,  on  the  regulation  of  commerce  be- 
tween France  and  America,  viz : 
From  the  Marquis  de  la  Fayette  to  M.  de  Calonne, 

Paris,  January  31st,  1784.                 -         -         -  405 
From  the  same  to  M.  de  Calonne.     Paris  Febru- 
ary 10th,  1784.  408 

From  the  same  to  the  same.  Paris,  February  26th, 

1784.  409 

From  the  same  to  the  same.     Paris,  March  5th, 
1784.         ,V^'/f";.r'.,;i:;..f.        -         -         -         -  410 

From  Monsieur  de  Cakmne   to  the  Marquis  de  la 

Fayette.     Versailles,  March  8th,  1784.  -411 

From  the  same  to  the  same.     Paris,   May   17th, 
1784.  -         -         -         -         -         -         -  413 

From  the  same  to  the  same.    Versailles,  June  llth, 

1784.         .:.:*'ViiV-'! 414 

From  the  same  to  the  same,  June  16,  1784.  -  415 

From  the  Marshal  de  Castries  to  the  Marquis  de  la 

Fayette.     Versailles,  June  17th,  1784.  -  417 

From  the    Marquis  de  la  Fayette  to    John  Jay. 
Mount  Vernon,  November  25th,  1784.      -         -  417 
Explanation  with  respect  to  the  publication  of  cer- 
tain papers  in  relation  to  the  Indian  treaty.     His  re- 
gret thereat. 

From  the  same  to  the  same.     Versailles,  February 
8th,  1785.  -         -         -         -         -         -  419 

Arrival  in  Europe.     European  affairs. 
From  the  Marquis  dela  Fayette  to  John  Jay.  Paris, 

March  19th,  1785. 421 

Mr.  Jay's  letter  of  the  19th  received.  The  surren- 
der of  New  Orleans  to  America,  or  the  declaration 
of  its  being  a  free  port  suggested.  Affairs  of 
Europe.  Opposition  of  the  commercial  interest  to 
a  liberal  policy. 

From  John  Jay  to  the  Marquis  de  la  Fayette.  July 
15th,  1785. 422 

Letter  of  the  19th  March  received,  and  submitted  to 
Congress.     Arrival    of  Don  Diego  de   Gardoqui. 
Frontier  posts  not  evacuated ;  what  are  the  designs 
of  England  ?     Their  conduct  in  Canada.     Conse- 
quences of  the  restraints  upon  our  trade.     Local 
affairs.     An  appointment  of  Minister  to  the  Hague. 
From  the   Marquis  de  la  Fayette    to   John  Jay. 
Paris,  April  18th,  1785.  -         -         -  ~     -  425 


CONTENTS.  XXX  Vll 

_  .    Pa£C- 

By  request  of  persons  at  the  French  Court,  submits 

to  Congress  the  case  of  an  orphan  lady. 
From  the  same  to  the  same.     Paris,  April  18th, 
1785. 425 

Recommendation  of  Monsieur  Barre. 

From  the  Chevalier  Barre  to  John  Jay.  L'Orient, 
June  29th,  1785.  • 426 

Memorial  of  Monsieur  Barre,  claiming  indemnifica- 
tion for  losses  and  services  in  the  American  navy.  427 

From  John  Jay  to  Marquis  de  la  Fayette.  Sep- 
tember 16th,  1785. 430 

Acknowledges  the  receipt  of  the  letter  of  the  18th 

April,  with  the  papers  of  Monsieur  Barre. 
From  John  Jay  to  the  Marquis  de  la  Fayette.  New 
York,  October  21st,  1785.       -         -         -        -  430 

The  case  of  Monsieur  Barre.  Misapprehension  as  to 
the  nature  of  the  service  in  which  he  was  engaged. 
Encloses  a  letter  from  Joseph  Hardy  to  Secretary 
Thompson  of  the  13th  September,  1785,  explana- 
tory of  the  service  in  which  he  was  engaged. 

From  Mr.  Hardy  to  Secretary  Thompson.  Sep- 
tember 13th,  1785. 431 

From  the  Marquis  de  la  Fayette  to  John  Jay. 
Paris,  May  llth,  1785.  -  -  -  -433 

European  affairs.  Endeavors  to  obtain  privileges  for 
the  American  trade  in  France.  Intends  to  visit  the 
south  of  France  and  Germany. 

From  the  Marquis  de  la  Fayette  to  Thomas  Jeffer- 
son. Vienna,  September  4th,  1785.  -  -  434 

Visit  to  Prussia  and  Vienna.     America  misrepresented 
by   Great  Britain.     Desire  of  counteracting  false 
assertions.     Interview   with  the  King  of  Prussia. 
Conversation  about  America.     Interview  with  the 
Emperor  of   Austria.     Subjects   of  conversation. 
The  prime  Minister  Kaunitz.     His  views  and  sug- 
gestions with  regard  to  the  United  States. 
From  the  same  to  John  Jay.     Vienna,  September 
6th,  1785.  -        -  437 

Encloses  a  memorial  in  behalf  of  Monsieur  d'Argay- 

narats. 

Memorial  of  Monsieur  d'Argaynarats,  claiming  in- 
demnification for  military  stores  furnished  the 
United  States.  -  ...  437 

From  the  same  to  the  same.  Paris,  February  llth, 
1786.  -  -  -  -  -  -  -  439 

Sentiments  of  the  German  Courts  concerning  Ameri- 
ca. The  stability  of  democratical  forms  of  govern- 
ment, and  of  the  union  of  the  States,  distrusted  in 
Europe.  European  affairs. 


XXXV11I  CONTENTS. 

Page. 

John  Jay  to  Marquis  de  la  Fayette.     New  York, 
June  16th,  1786.  -         -         -         -  442 

Letters  received  to  the  1 1th  February.  Question  be- 
tween America  and  Great  Britain  misunderstood  in 
Europe.  Mistakes  and  misrepresentations  of  writers 
upon  American  subjects.  Corrections  and  expla- 
nations of  the  Marquis,  beneficial.  Observations 
of  Don  Diego  de  Gardoqui,  upon  what  passed  be- 
tween the  Marquis  and  the  Count  de  Florida  Blan- 
ca,  upon  the  claims  and  pretensions  of  Spain.  Fi- 
nancial difficulties  of  America. 

From  Marquis  de  la  Fayette  to  John  Jay.     Paris, 
October  28th,  1786. 445 

Expresses  his  astonishment  that  M.  Gardoqui  should 
raise  any  doubts  respecting  the  adoption  of  the 
English  limits  in  America.  The  navigation  of  the 
Mississippi  must  be  enjoyed  by  the  United  States. 
The  appointment  of  the  convention  has  a  good 
effect  in  Europe.  Recommends  a  confederacy  of 
America,  and  the  powers  of  southern  Europe, 
against  the  Barbary  States. 

From  John  Jay  to  Marquis  de  la  Fayette.     New 
York,  February  16th,  1787.              -         -         -  447 
Has  submitted  the  Marquis'  letter  of  the  20th  Octo- 
ber last,  to  Congress.     Claims  of  Spain  upon  the 
Mississippi.     American  affairs.  With  respect  to  the 
hostile  Barbary  States,  prefers  war  to  tribute. 
From  the  Marquis  de  la   Fayette  to    John  Jay. 
Paris,  February  7th,  1787.       -         -         -         -  449 
Surprize  excited  by  Mr.  Barclay's  refusal  of  presents. 
Affairs  of  Europe.     Concern  occasioned  by  the  un- 
happy disturbances  in    Massachusetts.     Hopes  di- 
rected to  the  convention  at  Philadelphia. 
From  the  same  to  the  same.     Paris,  May  30th, 
1787.  450 

Proceedings    of  the    assembly   of  the    Notables  in 
France.      The   unpaid  interest  of  the  American 
debt.     Character  of  the  Archbishop  of  Toulouse. 
From  the  same  to  the  same.     Paris  October  15th, 
1787.  -     • 453 

State  of  politics  in  Europe.      Effects  of  a  maritime 
war  in  Europe,   upon  the    United  States.      The 
present  a  favorable  time  for  the  restoration  of  the 
forts  and  the  navigation  of  the  Mississippi.     Depar- 
ture of  the  Count  de  Moustier.  Waits  with  anxiety 
for  the  result  of  the  convention  at  Philadelphia. 
From  John  Jay   to  the    Marquis   de  la  Fayette. 
New  York,  April  26th,  1788.  -        -        -  456 

Letter  of  the  15th  October  received.  Hopes  lor  a 
continuation  of  peace.  Plan  of  government  re-  ^  . 


CONTENTS.  XXXIX 

Page. 

commended  by  the  late  convention.  Adopted  by 
six  States.  An  opinion  on  the  commercial  regula- 
tions of  France  towards  America.  Thinks  com- 
mercial privileges  should  be  extended  equally  to 
French  subjects  and  American  citizens. 


CORRESPONDENCE  OF  THOMAS  BARCLAY. 
From  Robert  Morris  to  Thomas  Barclay.     Decem- 
ber 5th,  1782. 459 

Forms  of  the  power  given  by  Congress  to  a  Commis- 
missioner  to  settle  the  accounts  of  public  servants 
in  Europe,  and  without  delay,  those  of  Beaumar- 
chais,  or  Roderique  Hortales  &  Co.  Encloses  a 
commission  to  Mr.  Barclay  to  act  in  that  business, 
and  detailed  instructions. 

From  Thomas  Barclay  to  Robert  Morris.  L'Orient, 
February  9th,  1783. 468 

Letter  of  the  5th  December  received.  Will  follow 
the  instructions. 

From  the  same  to  the  same.     Auteuil,  near  Paris, 
July  20th  1783.  469 

Has  taken  a  house  near  Passy,  in  order  to  be  near 
Doctor  Franklin.  Mr.  Ridley  selected  as  an  asso- 
ciate. Mr.  Grand's  accounts.  Monsieur  de  Beau- 
marchais  does  not  choose  to  settle  his  accounts  in 
Europe.  Has  sent  them  to  Congress.  Misappre- 
hension in  the  statement  of  M.  Beaumarchais.  His 
claims  not  verified. 

From  M.  le  Vaigneur  to  the  President  of  Congress.  470 

On  the  subject  of  M.  Beaumarchais'  claim,  and  sub- 
mitting to  Congress  the  memorial  of  Caron  de  Beau- 
marchais. 

Memorial  of  Caron  de  Beaumarchais,  formerly 
known  in  America,  by  the  firm  of  Roderique 
Hortales  &  Co.  claiming  indemnity  for  advances 
made  during  the  war  of  the  revolution.  -  -  474 
From  Thomas  Barclay  to  R.  R.  Livingston.  Au- 
teuil, September  14th,  1783.  -  -  -  489 

Upon  advice  given  to  the  Marquis  de  la  Fayette  to 

remain  in  France. 

From    the    same    to  the    President  of  Congress. 
L'Orient,  September  17th,  1784.  -         -  490 

Express  from  Paris,  information  concerning  the  privi- 
leges of  L'Orient.  Arrival  of  Colonel  Franks,  and 
appointment  to  the  Vice  Consulsliip  of  Marseilles. 

Robert    Morris    to    the    President    of  Congress. 
March  8th,  1784.  -        -        •        -        -  492 


xl  CONTENTS. 

Page. 

Encloses  a  letter  from  Thomas  Barclay  of  the  23rd 

October. 
From  Thomas  Barclay  to  Robert  Morris.  L'Orient,  492 

October  23rd,  1783. 

Sale  of  the  ship  Due  de  Lauzun.  Perplexed  state 
of  the  public  accounts.  Accounts  of  Messrs. 
Schweighauser  &  Dobre,  of  Nantz,  for  the  outfit  of 
the  Alliance  frigate.  Seizure  of  the  public  stores 
at  Nantz.  Claim  of  Messrs.  John  de  Neufville  & 
son,  of  Amsterdam.  Other  accounts. 

From  the    same  to    the    President  of  Congress.  495 
L'Orient,  November  15th,  1784. 

Encloses  letters  "from  Messrs.  Adams  &  Diimas,  at  the 
Hague.  March  of  the  Imperial  troops.  L'Orient 
a  free  port,  except  for  the  sale  of  manufactured  to- 
bacco. 

From  John  Jay  to  Thomas  Barclay.     April  15th, 
1785.  495 

Transmits  a  list  of  duties  payable  in  the  French  free 
ports.  The  treasury  department  again  organized. 
Messrs.  Osgood  and  Walter  Livingston,  commis- 
sioners. 

From  Thomas  Barclay  to  John  Jay.     L'Orient, 
April  17th,  1785.        ^ -,;      -        -        -        -496 

Requests  permission  to  return  home. 
From  John  Jay  to  Thomas  Barclay.     July  15th, 

1785.  -        ^.'^ti.'u-.^.i;   -V;     .        .497 

Leave  granted  to  return  to  America. 
From  Thomas  Barclay  to  John  Jay.     Paris,  Au- 
gust 7th,  1785.  498 

Advices  of  an  Algerine  war. 
From  M.    Foulange  to  the  directors  of  commerce, 

province  of  Guyenne.    Toulon,  July  14th,  1785.  499 
From  John  Jay  to  Thomas  Barclay.      August  3rd, 

1785.  499 

Transmits  a  copy  of  an  act  of  Congress,  calling  for  an 

abstract  settlement  of  accounts,  (500.) 
From  Thomas  Barclay  to  John  Jay.     Paris,  Octo- 
ber llth,  1785.  500 

Letter  received,  calling  for  an  abstract  of  accounts. 
From  the  same  to  the  same.      Cadiz,  May   14th, 

1786.  -  501 

Expenses  of  the  free  ports  in  France.     Difficulty  of 

obtaining  a  statement. 
List  of  charges  at  Bayonne  and  Dunkirk.      -         -  502 


THE 


DIPLOMATIC  CORRESPONDENCE 


UNITED  STATES 


VOL.  i.—l 


u  n  T 


TATS   U#T 


THE 


DIPLOMATIC    CORRESPONDENCE 


OF     THE 


UNITED   STATES. 


FROM  ELIAS  BOUDINOT,  PRESIDENT  OF  CONGRESS,  TO  THE 
MINISTERS  PLENIPOTENTIARY  OF  THE  UNITED  SlATES 
AT  PARIS. 

Philadelphia,  16th  June,  178,°,. 
Gentlemen, 

I  am  sorry  to  inform  you  that  by  the  resignation  of 
Mr.  Livingston,  as  Secretary  for  Foreign  Affairs,  it  has 
become  necessary  that  you  should  receive  the  resolutions 
of  Congress,  relative  to  your  mission,  through  my  hands. 
The  disadvantage  arising  from  this  necessity,  until  a  suc- 
cessor to  that  worthy  gentleman  is  appointed,  will  be 
yours,  as  it  will  be  impossible  for  me  to  do  more  than 
barely  transmit  the  acts  of  Congress  necessary  for  your 
information. 

Enclosed  you  have  one  of  the  1st  of  May  last,  and 
another  of  the  12th  instant,  which  I  hope  will  get  to  hand 
time  enough  for  your  government. 

The  commission  and  instructions  referred  to  in  the  first 
not  being  ready,  it  was  thought  best  to  forward  the  reso- 


4  PRESIDENT  OF  CONGRESS. 

lution  without  delay,  that  you  might  know  what  was  in- 
tended in  the  present  important  period  of  your  negotia- 
tion. 

We  have  been  much  surprised  that  we  have  not  re- 
ceived any  communication  from  you,  since  the  cessation 
of  hostilities,  except  a  letter  of  the  5th  of  April,  from 
Mr.  Laurens. 

I  have  the  honor  to  be,  &c.  &c. 

E.  B. 


Extract  from  the  Secret  Journal  of  Congress,  May  1  st , 
1783. 

"  A  letter  having  been  read  from  the  Minister  of  France 
to  the  Secretary  of  Foreign  Affairs,  requesting  him  to  in- 
form Congress  of  the  proposed  departure  of  the  Duke  de 
Lauzun's  legion,  and  other  detachments  of  Count  Ro- 
chambeau's  army,  for  France,  and  expressing  with  the 
Duke  de  Lauzun,  the  sense  that  he  and  the  other  officers 
and  men  of  this  army  entertain  of  the  harmony  which 
has  subsisted  between  them  and  the  inhabitants  of  these 
States,  and  of  the  hospitality  with  which  they  have  been 
treated  by  them, 

Resolved,  That  the  Secretary  for  Foreign  Affairs  inform 
the  Minister  of  France  that  Congress  learn  with  pleasure 
the  satisfaction  which  the  Duke  de  Lauzun,  and  the  offi- 
cers and  men  of  the  French  army  in  America  express, 
in  the  harmony  which  has  subsisted  between  them  and 
the  inhabitants  of  these  States,  since  it  exhibits  at  the 
same  time  a  strong  proof  of  the  good  disposition  and  dis- 
cipline of  the  commanders,  officers,  and  men,  and  the 


DIPLOMATIC  CORRESPONDENCE.  5 

just  sense  the  people  of  this  country  entertain  of  the  im- 
portant services  they  have  rendered — 

As  a  further  proof  of  which, 

Resolved,  That  the  Secretary  for  Foreign  Affairs  inform 
the  Duke  de  Lauzun,  and  the  officers  and  men  under  his 
command,  that  the  United  States  in  Congress  assembled 
are  highly  sensible  of  their  successful  exertions  in  the 
cause  of  America,  and  of  the  strict  attention  which  they 
have  at  all  times  paid  to  the  rights  of  its  citizens;  and 
whilst  they  rejoice  at  the  events  which  have  brought  tran- 
quillity to  these  States,  it  adds  to  their  pleasure  to  reflect, 
that  it  restores  those  who  have  been  active  in  procuring  it 
to  their  friends  and  their  country." 


Resolution,  June  12fA,  1783. 

"  Resolved,  That  every  foreign  minister,  on  his  being 
admitted  to  his  first  audience,  shall  be  introduced  by  the 
Secretary  of  Foreign  Affairs  to  a  seat  provided  for  him 
facing  the  President  of  Congress;  the  President  and 
members  being  seated,  and  the  President  covered,  the 
minister  being  uncovered  and  so  to  remain,  unless  he  be 
of  the  rank  of  an  ambassador. 

The  minister,  being  seated,  shall  deliver  his  latter  of 
credence  to  the  Secretary  of  Congress  by  his  own  Se- 
cretary, who  shall  stand  by  him  during  his  audience.  If 
the  minister  chooses  to  address  Congress,  he  shall  rise 
when  he  speaks. 

The  letter  of  credence  being  delivered  by  the  Secre- 
tary of  Congress  to  the  interpreter,  when  such  officer 
shall  be  necessary,  he  shall  read  it  in  its  original  language, 
and  then  present  a  translation  of  it  to  the  Secretary  of 


6  PRESIDENT  OF  CONGRESS. 

Congress,  who  shall  read  the  same.  Upon  which  the 
President,  after  reading  his  answer  uncovered,  shall  deliver 
the  same  to  the  Secretary  of  Congress,  who  shall  present 
it  to  the  minister,  who  shall  rise  to  receive  it. 

The  minister  then  shall  be  reconducted  to  his  carriage 
by  the  Secretary  for  Foreign  Affairs. 

If  the  minister  is  of  the  rank  of  ambassador,  ordinary 
or  extraordinary,  he  shall  be  covered  when  he  takes  his 
seat.  In  that  case,  too,  the  President  shall  rise  when  the 
ambassador  is  introduced,  and  also  when  he  reads  his 
answer. 

In  any  subsequent  public  audience  of  a  foreign  minis- 
ter, the  same  ceremonial  shall  be  observed,  except  so  far 
as  it  relates  to  the  delivery  and  reading  of  the  credentials. 

Every  foreign  minister,  after  his  first  audience,  shall 
pay  the  first  visit  to  the  President  and  other  members  of 


FROM  ELIAS  BOUDINOT,  PRESIDENT  OF  CONGRESS,  TO  BEN- 
JAMIN FRANKLIN,  MINISTER  PLENIPOTENTIARY,  &C. 
AT  PARIS. 

Philadelphia,  18th  June,  1783. 
Sir, 

Enclosed  you  have  an  official  letter,  directed  to  our 
Minister  Plenipotentiary  at  Paris. 

The  resignation  of  the  late  Secretary  for  Foreign  Af- 
fairs (occasioned  by  his  preference  of  the  Chancellorship 
of  New- York,  which  he  could  not  hold  longer  and  retain 
his  Secretaryship)  has  cast  this  business  on  me  till  a  suc- 
cessor is  elected,  which  I  hope  will  speedily  take  place. 


DIPLOMATIC  CORRESPONDENCE.  7 

As  part  of  the  resolution  of  Congress  of  the  12th  in- 
stant, enclosed  in  the  above  letter,  is  of  a  secret  nature, 
I  have  written  it  in  cyphers ;  and  not  having  Mr.  Liv- 
ingston's, I  thought  it  best  to  use  Mr.  Morris's  to  you, 
which  he  has  obligingly  supplied  me  with,  so  that  the 
Commissioners  must  be  indebted  to  you  for  the  decypher- 
ing  of  it. 

Your  letter  to  Mr.  Livingston  of  the  15th  of  April, 
enclosing  the  two  medals,  came  to  hand  this  morning.  I 
am  sorry  to  find  that  you  make  similar  complaints  to  those 
we  have  been  making  for  two  months  past,  on  the  subject 
of  want  of  intelligence.  We  have  not  heard  from  any  of 
our  Commissioners  since  February,  though  our  anxiety 
and  expectations  have  been  wound  up  to  the  highest 
pitch. 

I  feel  myself  much  indebted  for  your  polite  compliment 
of  the  medal — it  is  very  elegant  indeed  ;  and  the  device 
and  workmanship  much  admired.  You  will  please  to  ac- 
cept of  my  acknowledgements  on  this  occasion.  As  I 
doubt  not  but  the  copper  one  was  intended  for  Mr.  Liv- 
ingston, personally,  I  shall  transmit  it  to  him.  He  is  a 
very  worthy  deserving  character,  and  the  United  States 
will  suffer  greatly  by  his  resignation,  though  I  really  think 
him  justified  in  attending  to  the  calls  of  his  private  affairs. 

I  enclose  you  a  number  of  late  newspapers,  in  which 
you  will  see  a  number  of  resolves,  associations,  &c.  from 
all  parts  of  the  country,  which  I  wish  had  been  kept  out 
of  sight ;  but  the  truth  is,  that  the  cruelties,  ravages,  and 
barbarisms  of  the  refugees  and  loyalists  have  left  the  peo- 
ple so  sore,  that  it  is  not  the  time  yet  for  them  to  exer- 
cise their  cooler  judgment ;  and  it  cannot  take  place  while 
the  citizens  of  New- York  are  kept  out  of  their  habita- 


8  PRESIDENT  OF  CONGRESS. 

tions  and  despoiled  daily  of  their  property,  by  sending 
off  negroes,  &c.  It  has  been  an  ill-judged  scheme  in  the 
British  to  retain  New- York  so  long  and  send  off  the  ne- 
groes, as  it  has  roused  the  spirit  of  the  citizens  of  the 
several  States  greatly. 

I  iiave  the  honor  to  be,  &,c. 

E.  B. 


FROM  ELIAS  BOUDJNOT,  PRESIDENT  OF  CONGRESS,  TO  THE 

MINISTERS    PLENIPOTENTIARY    OF    THE  UNITED  STATES 

AT  PARIS. 

Princeton,  15th  July,  1783. 
Gentlemen, 

As  Congress  have  not  yet  elected  any  Minister  for 
Foreign  Affairs,  and  knowing  the  importance  of  your  be- 
ing fully  informed  of  every  public  transaction  relative 
to  these  States,  I  have  concluded  that  you  would  not 
think  it  amiss  to  hear  from  me  on  the  subject  of  the  re- 
moval of  Congress  to  this  place,  though  I  cannot  consi- 
der this  communication  as  official,  but  merely  for  your 
information  in  my  individual  capacity. 

The  state  of  our  finances  making  it  indispensably  neces- 
sary to  abridge  the  public  expenses  in  every  instance  that 
would  not  endanger  the  Union,  we  concluded  to  reduce 
the  army  by  discharging  all  the  soldiers  enlisted  for  the 
war,  with  a  proportionate  number  of  officers,  on  condi- 
tion that  the  discharge  should  operate  no  otherwise  than 
as  a  furlough,  until  the  ratification  of  the  definitive  trea- 
ty. This  not  only  eased  us  of  a  heavy  disbursement  of 
ready  cash  for  subsistence,  money,  and  rations,  but  grati- 
fied many  of  the  army,  who  wished  to  be  at  home  in 


DIPLOMATIC  CORRESPONDENCE.  9 

the  early  part  of  the  summer,  to  provide  for  the  following 
winter.  Three  months  pay  was  ordered,  which  could  no 
otherwise  be  complied  with,  but  by  a  paper  anticipation 
of  the  taxes,  payable  in  six  months. 

By  an  inevitable  accident  the  notes  did  not  arrive  at 
the  army,  till  six  days  after  the  soldiers  were  discharged 
and  had  left  the  camp.  This,  together  with  some  diffi- 
culty in  settling  their  accounts,  created  an  uneasiness 
among  the  troops ;  but  by  the  General's  address  and  good 
conduct  of  the  officers,  they  all  retired  peaceably  to  their 
different  States,  though  without  a  single  farthing  of  cash 
to  buy  themselves  a  meal  of  victuals. 

In  the  barracks  at  Philadelphia  and  at  Lancaster,  in 
the  State  of  Pennsylvania,  there  were  a  number  of  new 
recruits,  who  had  been  enlisted  since  the  months  of  De- 
cember and  January  last,  and  who  had  not  yet  taken  the 
field;  these  soldiers,  not  having  been  brought  under 
any  regular  discipline,  made  many  objections  against  ac- 
cepting their  discharges,  and  gave  their  officers  reason  to 
fear  some  difficulty  in  getting  rid  of  them ;  but  the  Secre- 
tary at  War  thought  he  had  satisfied  them  by  assuring 
them  of  the  like  pay  with  the  rest  of  the  army.  On  the 
15th  of  June,  a  petition  was  received  from  the  Sergeants, 
requiring  a  redress  of  their  grievances,  in  a  very  turbu- 
lent and  indecent  style,  of  which  no  notice  was  taken ; 
but  on  the  18th,  we  received  the  letters  No.  1  and  2. 
A  committee  was  immediately  appointed  to  confer  with 
the  Executive  Council  of  Pennsylvania,  and  to  endea- 
v^r  to  get  them  to  call  out  the  militia  to  stop  the  muti- 
neers ;  but  to  no  purpose ;  the  Council  thinking  that  the 
citizens  would  not  choose  to  risk  themselves,  when  fair 
means  might  do.  The  first  report  of  the  Committee, 
VOL.  i.— 2 


10  *  PRESIDENT  OF  CONGRESS. 

contained  in  No.  3,  will  show  their  proceedings.     Ou 
the  19th  the  troops  arrived  and  joined  those  at  the  bar- 
racks in  the  city,  who  had  been  increased  in  number  by 
a  few  companies  of  old  soldiers  arrived  the  day  before 
from  Charlestown.     The  whole  being  very  orderly  and 
quiet,  Congress  adjourned  on  Friday  the  20th,  as  usual, 
till  Monday  morning.     On  the  21st,  one  of  the  commit- 
tee called  on  me  and  informed  jhat  the  soldiers  at  the 
barracks  were  very  disorderly  and  had  cast  off  the  autho- 
rity of  their  officers — that  it  was  suspected  they  had  a 
design,  the  following  night,  against  the  Bank;  and  ad- 
vised me  to  call  Congress  without  delay.     This  I  did,  to 
meet  in  half  an  hour.     The  soldiers  by  accident  hearing 
of  it,  very  fortunately  hastened  their  designs  a  day  or  two 
sooner  than  was  intended.     The  members  of  Congress 
had  just  got  together,  except  one,  when  the  State  House 
(in  which,  also,   the  President  and  Supreme  Executive 
Council  were  then  sitting,)   was   surrounded  by  about 
three  hundred  armed  men  with  fixed  bayonets,  under  the 
command  of  seven   Sergeants.     Congress   immediately 
sent  for  General  St.  Clair,  and  demanded  the  reason  of 
this  hostile  appearance,  who  informed  of  his  having  just 
arrived  in  town  from  his  seat  in  the  country,  in  obedience 
to  the  orders  of  Congress  of  the  day  preceding ;  that  he 
had  received  information  from  the  commanding  officer 
of  the   mutinous   disposition   of   the   troops,    who   had 
marched  from  the  barracks,  contrary  to  the  orders  of 
their  officers ;  and  that  the  veteran  troops  from  Charles- 
town   had   been  unwillingly    forced   into   the   measure. 
The  President  of  the  State  then  appeared,  and  produced 
the  insolent  paper,  of  which  No.  4  is  a  copy,  which  had 
been  sent  to  him  by  the  Sergeants. 


DIPLOMATIC  CORRESPONDENCE.  H 

Congress  determined  they  would  enter  on  no  delibera- 
tions while  thus  surrounded ;  but  ordered  General  St. 
Clair  immediately  to  endeavor  to  march  the  mutineers 
back  to  the  barracks,  by  such  means  as  were  in  his  power. 

After  several  prudent  and  wise  measures,  the  General 
prevailed  on  the  Sergeants  to  return  to  their  barracks, 
convincing  them  that  if  they  were  aggrieved  they  had  a 
right  to  make  it  known  in  [a  decent  manner,  through  any 
persons  they  might  think  proper  to  appoint.  But  pre- 
vious to  this,  after  waiting,  surrounded  by  this  armed 
force  for  near  three  hours,  Congress  broke  up  and  we 
passed  through  the  files  of  the  mutineers  without  the  least 
opposition,  though  at  times  before  our  adjournment,  the 
soldiers,  many  of  whom  were  drunk,  threatened  Congress 
by  name. 

The  mutineers  had  taken  possession  of  the  powder 
house  and  several  public  arsenals  in  this  city,  with  some 
field  pieces  from  the  public  yard.  In  the  evening  Con- 
gress met  and  made  a  house  and  came  to  the  resolutions 
contained  in  No.  5,  and  broke  up  without  adjournment. 
The  committee,  not  being  able  to  meet  the  Council  till 
Sunday  morning,  were  then  prevailed  on  to  wait  for  an 
answer  till  Monday  morning,  and  then  received  the  an- 
swer contained  in  the  2nd  Report,  No.  6.  However,  hop- 
ing that  the  Council  would  change  their  sentiments,  the 
committee  did  not  think  proper  to  give  me  their  advice 
till  Tuesday  at  two  o'clock  in  the  afternoon.  In  the 
mean  time  the  mutineers  kept  in  arms,  refusing  all  obe- 
dience to  their  officers  and  in  possession  of  the  powder 
house  and  magazines  of  military  stores.  On  Tuesday 
morning  the  officers  reported  to  me  that  the  preceding 
evening,  the  Sergeants,  notwithstanding  some  talk  of  a 


12  PRESIDENT  OF  CONGRESS. 

submission  and  return  to  their  duty,  had  presented  six 
officers  with  a  commission,  each  as  in  No.  7,  and  on  one 
refusing  to  accept  it,  they  threatened  him  with  immediate 
death.  And  that  at  the  time  of  the  Report,  they  were 
getting  very  drunk  and  in  a  very  riotous  state.  By  the 
second  report  of  the  Committee,  you  will  be  acquainted 
with  the  particulars  of  the  transaction,  with  the  addition 
that  the  behavior  of  the  six  officers  was  very  mysterious 
and  unaccountable.  At  two  o'clock,  agreeably  to  the 
advice  of  the  Committee,  I  summoned  Congress  to  meet 
at  this  place  on  Thursday  the  26th  of  June,  issued  the 
proclamation  No.  8,  and  left  the  city. 

As  soon  as  it  was  known  that  Congress  was  going,  the 
Council  were  informed  that  there  was  great  reason  to 
expect  a  serious  attack  on  the  Bank  the  night  following ; 
on  which  the  President  of  the  State  collected  about  one 
hundred  soldiers,  and  kept  guard  all  night.  On  Wed- 
nesday it  was  reported  that  Congress  had  sent  for  the 
Commander-in-Chief,  with  the  whole  Northern  Army, 
and  the  militia  of  New  Jersey,  who  were  to  be  joined  by 
the  Pennsylvania  militia,  in  order  to  quell  the  mutiny; 
which  was  no  otherwise  true  than  ordering  a  detachment 
of  a  few  hundred  men  from  the  North  River.  The  Ser- 
geants being  alarmed,  soon  proposed  a  submission,  and 
the  whole  came  in  a  body  to  the  President  of  the  State, 
making  a  most  submissive  acknowledgement  of  their  mis- 
conduct, and  charging  the  whole  on  two  of  the  officers, 
whom  they  had  commissioned  to  represent  their  griev- 
ances— a  Capt.  Carbery  and  Lieutenant  Sullivan,  who 
were  to  have  headed  them,  as  soon  as  they  should  have 
proceeded  to  violence.  These  officers  immediately  es- 
caped to  Chester,  and  there  got  on  board  of  a  vessel  bound 


DIPLOMATIC  CORRESPONDENCE.  13 

to  London.  The  Sergeants  describe  the  plan  laid  by 
these  officers  as  of  the  most  irrational  and  diabolical  na- 
ture, not  only  against  Congress  and  the  Council,  but  also 
against  the  City  and  Bank.  They  were  to  be  joined  by 
straggling  parties  from  different  parts  of  the  country ;  and 
after  executing  their  horrid  purposes,  were  to  have  gone 
off  with  their  plunder  to  the  East  Indies.  However 
incredible  this  may  appear,  the  letters  from  Sullivan  to 
Colonel  Moyland,  his  commanding  officer,  from  Chester 
and  the  Capes,  clearly  show  that  it  was  a  deep  laid  scheme. 
It  appears  clearly  to  me,  that  next  to  the  continued  care 
of  divine  Providence,  the  miscarriage  of  this  plan  is  owing 
to  the  unexpected  meeting  of  Congress  on  Saturday,  and 
their  decided  conduct  in  leaving  the  City,  until  they  could 
support  the  federal  Government  with  dignity. 

It  is  also  said  that  two  of  the  citizens  have  been  con- 
cerned in  this  wicked  plot,  but  they  are  not  yet  ascer- 
tained. They  were  certainly  encouraged  by  some  of  the 
lower  class,  as  well  as  by  the  general  supineness,  in  not 
quelling  the  first  movement.  Some  very  suspicious  cir- 
cumstances attending  the  conduct  of  the  other  four  offi- 
cers, who  were  commissioned  by  the  Sergeants,  have 
caused  them  to  be  arrested.  The  whole  matter  has  so 
far  subsided. 

The  detachment  under  Gen.  Howe  from  the  Northern 
army  has  arrived  in  the  vicinity  of  the  city,  and  a  Court 
of  Inquiry  is  endeavoring  to  develope  the  whole  affair. 

The  citizens  are  greatly  chagrined  at  the  predicament 
in  which  they  stand,  and  endeavor  to  lay  the  blame  on  the 
Council  for  not  calling  on  them  and  proving  them,  while 
the  Council  justify  themselves  by  the  advice  of  the  militia 
officers,  whom  they  called  together  for  that  purpose.  The 


f 

4 


14  PRESIDENT  OF  CONGRESS. 

citizens  are  universally  petitioning  Congress  to  return  to 
the  city,  assuring  us  of  their  constant  protection. 

You  will  excuse  me  for  tiring  you  with  so  circumstan- 
tial an  account,  which  nothing  but  the  necessity  of  pre- 
venting the  many  falsehoods  that  are  generally  propagated 
on  these  occasions,  and  the  propriety  of  your  being  well 
informed,  would  ever  have  justified  me  in. 

I  do  myself  the  honor  to  send  herewith,  the  news-pa- 
pers, and  particularly  a  circular  letter  of  Gen.  Washington 
to  the  different  States;  which,  in  my  opinion,  gives  the 
finishing  stroke  to  his  inimitable  character. 

I  have  committed  this  letter  to  the  care  of  my  younger 
brother,  who  is  bound  for  London,  having  been  in  the 
merchant  service  at  that  port  for  several  years,  but  who, 
I  have  the  best  evidence,  is  well  attached  to  the  interests 
of  this  country,  and  who  can  inform  you  of  many  parti- 
culars relating  to  the  state  of  things  here. 

I  have  the  honor  to  be,  &tc. 

E.  B. 


LETTER    FROM    COLONEL    WILLIAM  HENRY  TO  HIS  EXCEL- 
LENCY PRESIDENT  DICKINSON. 

Lancaster,  June  17th,  1783. 
Sir, 

Eighty  armed  soldiers  set  off  this  morning  for  Philadel- 
phia to  co-operate  with  those  now  in  the  city  in  such 
measures  as  may  appear  to  them  the  most  likely  to  pro- 
cure their  pay  (or  perhaps  to  possess  themselves  of  mo- 
ney at  any  rate.)  I  have  thought  it  my  duty  to  give  the 
most  timely  information  possible  that  the  city  may  not  be 
surprised.  I  am  informed  that  part  of  General  Armand's 
corps  will  be  here  to-morrow  on  their  way  to  Philadel- 


DIPLOMATIC  CORRESPONDENCE.  1$ 

phia,  and  am  of  opinion,  from  what  has  transpired  from 
some  of  the  men  who  are  still  here,  that  they  will  follow 
the  others  to  the  city  and  share  the  same  fate ;  they  have 
thrown  out  several  threats,  that  they  will  rob  the  bank, 
the  treasury,  &c.  &c. 

I  am,  sir,  your  very  humble  servant, 

WILLIAM  HENRY. 


LETTER  FROM  COLONEL  RICHARD  BUTLER  TO  HIS  EXCEL- 
LENCY   GOVERNOR   DICKINSON. 

Lancaster,  June  17th,  1783.  7 
10  o'clock  AM.     5 

Sir, 

I  yesterday  received  orders  from  Major  General  St. 
Clair  to  direct  returns  to  be  made  out  of  those  non-com- 
missioned officers  and  soldiers,  that  chose  to  go  on  fur- 
lough agreeably  to  the  resolve  of  Congress  of  the  26th  of 
May,  noticing  such  as  do  not  wish  to  go.  Also  for  pay 
rolls  for  the  month  of  January,  for  which  cash  is  to  be 
paid,  and  other  rolls  for  the  month  of  February,  March 
and  April,  to  be  paid  in  Mr.  Morris's  notes  in  six  months 
after  date — and  to  inform  the  troops,  taking  or  refusing 
furloughs  is  at  their  option,  and  that  they  were  to  remain 
till  further  orders,  and  to  be  settled  with  on  the  princi- 
ples of  the  settlement  with  the  main  army.  This  I  did 
without  loss  of  time,  in  order  to  show  that  doubts  which 
had  arisen  (and  that  had  met  with  prompting  from  some 
unknown  persons)  had  no  foundation. 

This  morning  the  Sergeants  called  on  me  at  my  quar- 
ters, and  informed  me  the  men  were  determined  to  go 


16  PRESIDENT  OF  CONGRESS. 

to  Philadelphia  in  order  to  obtain  justice.  I  made 
use  of  every  argument  to  shew  the  impropriety  of  the 
measure,  and  they  went  away,  as  I  thought  content,  but 
soon  after  I  was  informed  they  were  getting  ready  to  go 
off  in  a  body.  I  went  to  the  parade  with  a  number  of 
officers  and  Col.  Samuel  Atlee,  who  happened  to  be  in 
town,  formed  a  circle  and  talked  to  them  as  before,  but  to 
no  purpose,  the  principal  part, of  them  went  from  their 
quarters  about  half  past  8  o'clock  A.  M. 

I  gave  them  every  assurance  of  an  immediate  settle- 
ment and  their  being  kept  together  till  their  settlement 
is  completed,  also  of  their  paymasters,  Lieutenants  Beaty 
and  Lytle,  being  sent  to  Carlisle  for  the  necessary  papers 
of  the  old  4th  and  7th  Regiments,  who  I  expected  back  to- 
day— but  the  ill-timed  heat  had  taken  too  great  a  hold  of 
their  minds  for  arguments  to  alter  them — indeed  I  am  of 
opinion  it  has  originated  in  your  city,  and  that  the  flame 
is  supported  by  inimical  or  inconsiderate  people. 

I  have  called  the  officers  together,  who  are  of  opinion 
that  one  should  follow  and  make  one  more  effort  to  bring 
them  back;  if  this  fails,  I  give  it  as  my  opinion,  that  no 
settlement  be  made  with  them,  till  they  return  to  the 
post,  as  it  will  be  too  great  a  condescension  and  encour- 
agement to  similar  licentious  and  mutinous  conduct,  at  a 
future  day,  to  troops  that  may  hereafter  be  raised,  as 
well  as  too  humiliating  a  measure  for  the  officers  to  be 
obliged  to  follow  them  and  attend  to  the  settlement  of  bu- 
siness there,  already  offered  and  insolently  refused  here, 
and  which  the  officers  are  much  averse  to.  I  have  the 
honor  to  enclose  a  copy  of  the  orders  issued  last  evening, 
in  order  to  show  your  Excellency  and  Council  that  no 
neglect  or  omission  has  been  on  the  part  of  the  officers. 


DIPLOMATIC  CORRESPONDENCE.  17 

I  have  assured  the  bearer,  Lieutenant  E.  Butler,  adju- 
tant, that  your  Excellency  and  Council  will  order  the 
payment  of  his  and  Captain  Chrystie's  expence,  he  being 
the  officer  that  follows  the  troops. 

I  have  the  honor  to  be,  &c. 

RICHARD  BUTLER. 

Col.  3d  P.  Regiment. 
P.  S.    Lieutenant  Butler  can  inform  of  particulars  fully. 


ORDERS  ISSUED  TO  THE  TROOPS  BY  COLONEL  BUTLER. 
Lancaster,  17th  June,  1783. 

Non- Commissioned- Officer  sand  Soldiers  of  the  3d  Penn- 
sylvania Regiment. 

In  warmth  men  are  sometimes  led  beyond  the  bounds 
of  interest  and  propriety,  both  to  themselves  and  their 
best  friends,  and  attempts  to  reason,  while  the  mind  is 
agitated,  often  rather  tends  to  inflame  than  calm  the 
passions  or  opinions,  whatever  they  may  be.  This  I 
think  was  the  case  with  you  this  morning.  That  I  wished 
to  do  my  duty  to  my  country,  as  well  as  justice  to  you, 
whose  fortunes  have  been  long  mine,  and  your  other 
officers,  induced  me  to  call  a  number  of  them  to§ether,  by 
whose  opinion  and  advice  the  bearers,  Captains  Chrystie, 
Walker  and  Montgomery  follow,  in  order  to  tell  you  their 
and  my  wishes,  and  to  give  you,  once  for  all,  our  joint 
advice.  We  do  our  duty  in  doing  it,  and  expect  it  will 
have  that  weight  with  you  on  cool  reflection,  that  with 
reasonable  men' it  ought  to  have.  You  mentioned  to  me 
this  morning,  first — that  you  did  not  want  furloughs. 
Secondly — that  you  wanted  to  be  settled  with  before  you 
VOL.  i.— 3 


IB  PRESIDENT  OF  CONGRESS. 

are  discharged.  Thirdly — to  be  continued  in  service  till 
these  things  are  done.  Measures  were  taken  for  settling 
your  accounts  before  the  arrival  of  the  order  of  yester- 
day; returns  directed  to  be  made  of  those  who  chose 
furloughs,  and  those  who  did  not,  on  their  arrival ;  returns 
for  clothing  for  those  enlisted,  and  pay-rolls  for  one  month's 
pay  for  January  last,  to  be  paid  in  cash,  and  rolls  for 
three  month's  pay,  to  be  paid  in  the  Financier  General's 
notes,  with  assurance  of  quarters  and  provision  till  this  is 
completed. 

This  is  once  more  offered  to  you,  and  it  is  strongly 
recommended  for  your  own  saJces,  that  you  return  to  the 
post  where  your  officers  are,  that  your  accounts,  &c.  may 
be  completed,  and  that  you  consider,  the  longer  you  are 
away  the  greater  the  difficulty  and  the  longer  they  will  be 
in  doing.  As  the  officers  cannot  think  it  their  duty  to 
follow  men,  who  will  not  take  advice,  but  go  from  where 
their  business  can  alone  be  done,  for  you  cannot  have 
your  accounts  settled  without  them  and  the  pay-masters. 
Or  do  you  imagine  your  appearance  at  Philadelphia  can 
have  any  good  effect  in  your  favor,  as  it  will  be  justly 
construed  into  menace,  rather  than  a  proper  mode  of 
seeking  justice,  after  what  is  offered  you. 

You  may  easily  offend  your  country,  and  by  ill-judged 
measures  preclude  yourselves  and  others  from  that  justice 
you  wish  for,  and  I  think  you  may  justly  say  the  person 
or  persons  who  advised  the  measure  you  have  taken 
cannot  ultimately  be  your  friends. 

The  above  is  submitted  to  your  reflection,  and  advice 
is  added  to  the  wish  that  you  return. 

I  am  sincerely  your  friend, 
RICHARD  BUTLER,  Col.  3  P.  Regt. 


DIPLOMATIC  CORRESPONDENCE.  19 

Report  of  the  Committee  of  Congress,  July  1st,  1783. 

The  Committee  to  whom  were  referred  the  letters  and 
papers  communicated  to  Congress  by  the  Executive 
Council  of  Pennsylvania,  through  their  Delegates,  report, 

That  they  had  a  conference  yesterday,  as  directed, 
with  the  Supreme  Executive  Council,  in  which,  in  the 
first  instance,  the  propriety  of  calling  out  a  detachment  of 
militia  to  intercept  the  mutineers  on  their  march  from 
Lancaster,  was  proposed  to  the  Council,  suggesting  the 
danger  of  their  being  suffered  with  impunity  to  join  the 
troops  in  the  barracks,  who  a  few  days  before  had  mani- 
fested a  dangerous  spirit,  by  an  insolent  and  threatening 
message  sent  to  Congress,  in  the  name  of  a  board  of 
Sergeants,  and  who  it  was  apprehended  would  be  ready  to 
make  common  cause  with  those  on  their  march,  for  mu- 
tinous purposes.  That  the  Council  having  shown  a 
reluctance  to  call  out  any  part  of  the  militia,  expressing 
an  opinion  that  they  would  not  be  willing  to  act,  till  some 
outrage  should  have  been  committed  by  the  troops,  there 
appeared  to  the  Committee  no  alternative  but  to  endeavor 
to  dissuade  the  mutineers  from  coming  to  town,  and  if 
they  failed  in  that  attempt,  to  make  use  of  expedients  to 
prevent  the  troops  in  the  barracks  from  joining  in  any 
excesses,  and  to  induce  the  detachment  from  Lancaster 
to  return  to  that  place.  That  in  this  view,  and  at  their 
desire,  the  Assistant  Secretary  at  War  met  the  detach- 
ment then  on  its  march  to  the  city,  and  endeavored  to 
engage  them  to  return  to  the  former  place,  urging  the 
considerations  contained  in  the  annexed  instructions  to 
him ;  but  the  said  detachment  persisted  in  their  intention 
of  coming  to  this  city  and  arrived  here  this  morning. 


20  PRESIDENT  OF  CONGRESS. 

That  upon  conferring  with  the  Superintendent  of  Finance 
they  find  there  is  a  probability  that  the  Paymaster-Gene- 
ral, to  whom  the  settlement  of  the  accounts  of  the  army 
has  been  committed,  and  who  having  all  the  documents 
in  his  possession,  can  alone  execute  the  business  with 
propriety,  will  shortly  arrive  from  the  army,  and  will  im- 
mediately enter  upon  a  settlement  with  the  troops  in  this 
State,  that  in  the  meantime  measures  will  be  taken  to 
prepare  the  business  for  a  final  adjustment.  That  there 
will  be  immediately  sent  to  Lancaster  a  sum  of  money  to 
be  paid  to  the  troops  on  account  of  the  month's  pay 
heretofore  directed  to  be  advanced  to  them,  the  payment 
of  which  has  hitherto  been  delayed  by  particular  circum- 
stances, together  with  notes  for  three  month's  pay  intended 
to  be  advanced  to  the  men  when  furloughed. 

That  they  have  desired  this  information  to  be  trans- 
mitted to  the  commanding  officer  here  and  at  Lancaster, 
with  this  declaration,  that  the  corps  stationed  at  Lancaster, 
including  the  detachment,  can  only  be  settled  with  or  paid 
at  that  place. 

The  Instructions  to  Major  Jackson. 
Sir, 

Information  having  been  received,  that  a  detachment  of 
about  80  mutineers  are  on  their  way  from  Lancaster  to 
this  place,  you  will  please  to  proceed  to  meet  them,  and 
to  endeavor  by  every  prudent  method  to  engage  them 
to  return  to  the  post  they  have  left.  You  will  inform 
them  of  the  orders  that  have  been  given,  permitting  them 
to  remain  in  service  till  their  accounts  shall  have  been 
settled,  if  they  prefer  it  to  being  furloughed,  and  of  the 
allowance  of  pay  which  has  been  made  to  the  army  at 


DIPLOMATIC  CORRESPONDENCE.  21 

large  and  in  which  they  are  to  be  included.  You  will 
represent  to  them  that  their  accounts  cannot  be  settled 
without  their  officers,  whom  they  have  left  behind  them 
at  Lancaster.  You  will  represent  to  them  with  coolness, 
but  energy,  the  impropriety  of  such  irregular  proceed- 
ings, and  the  danger  they  will  run  by  persisting  in  an 
improper  conduct.  You  will  assure  them  of  the  best 
intentions  in  Congress  to  do  them  justice,  and  of  the  ab- 
surdity of  their  expecting  to  procure  it  more  effectually 
by  intemperate  proceedings.  You  will  point  out  to  them 
the  tendency  which  such  proceedings  may  have  to  raise 
the  resentments  of  their  country,  and  to  indispose  it  to 
take  effectual  measures  for  their  relief.  In  short,  you 
will  urge  every  consideration  in  your  power  to  induce 
them  to  return,  at  the  same  time  avoiding  whatever  may 
tend  to  irritate.  If  they  persist  in  coming  to  town,  you 
will  give  the  earliest  notice  to  us  of  their  progress  and 
disposition.  Should  they  want  provisions  you  will  assure 
them  of  a  supply,  if  they  will  remain  where  they  are, 
which  you  are  to  endeavor  to  persuade  them  to  do,  in 
preference  to  coming  to  town. 

(Signed)  A.  HAMILTON, 

In  behalf  of  the   Committee. 


22  PRESIDENT  OF  CONGRESS. 

TO  THE  HONORABLE  JOHN  DICKENSON,  ESQUIRE,  PRE- 
SIDENT, AND  THE  HONORABLE  EXECUTIVE  COUNCIL 
OP  THE  STATE  OF  PENNSYLVANIA. 

May  it  please  your  Excellency 

and  the  Honorable  Council, 

We,  the  non-commissioned  officers  and  soldiers  in  gar- 
rison, have  been  told  by  General  St.  Clair,  that  the 
Executive  Council  was  much  exasperated  at  our  pro- 
ceedings before  the  State-house  last  Saturday:  \Wbeg 
leave  to  acquaint  your  Excellency  and  Honorable  Coun- 
cil, that  the  soldiers  in  garrison  were  very  much  alarmed, 
and  their  minds  inflamed  on  hearing  the  expressions  of 
some  gentlemen  who  came  into  the  garrison  the  preceding 
evening,  whom  they  suspected  were  sent  by  a  higher 
power  to  inveigle  the  soldiers  to  accept  conditional  dis- 
charges, without  a  regular  settlement,  as  a  particular 
gentleman,  in  company  among  those  who  visited  the  gar- 
rison that  evening,  was  pleased  to  say  that  the  soldiers 
would  in  a  few  days  be  happy,  as  they  would  receive  one 
month's  pay,  which  would  carry  them  home  in  a  genteel 
manner.  Many  of  us  have  from  one  to  five  hundred 
miles  to  our  former  places  of  residence,  and  many  of  us 
have  families,  some  two,  and  some  three  or  four  children. 

May  it  please  your  Excellency  and  the  Honorable 
Council  coolly  and  candidly  to  deliberate  on  the  generous 
expressions  of  that  honorable  gentleman,  in  the  hearing  of 
a  number  of  those  very  sons  of  liberty  who  have  freed 
their  country  from  tyranny,  and  secured  America's  inde- 
pendence and  honorable  peace.  Your  Excellency  and 
Honorable  Council  will  please  to  be  assured  that  we  who 
preside  now  at  the  head  of  this  matter,  were  not,  previous 
to  the  assembling  of  the  troops  last  Saturday ;  but  dared 


DIPLOMATIC  CORRESPONDENCE.  23 

not  stay  behind  in  the  garrison,  as  we  thought  our  lives 
were  in  danger,  and  we  are  in  great  hopes  that  your  Ex- 
cellency and  Honorable  Council  are  all  impressed  with  an 
idea  that  our  appearance  with  them  was  very  conducive 
to  prevent  mischief  which  you  were  all  little  aware  of. 
We  also  beg  leave  to  declare  that  we  were  so  far  from 
withdrawing  from  under  the  immediate  command  of  our 
officers,  that  we  drew  up  a  remonstrance,  and  humbly 
solicited  Colonel  Hampton  to  command  as  usual,  and  to 
punish  all  military  neglects  in  us,  but  hoped  (nay  we  did 
insist)  that  we  would  not  be  prevented  from  seeking  our 
rights  in  a  becoming  manner.  And,  had  not  that  particu- 
lar gentleman,  before  mentioned,  spoke  as  he  did,  the 
troops  would  not  have  assembled. 

May  it  please  your  Excellency,  &c. 

We  submit  our  reasonable  requests  to  your  candid  con- 
sideration. 

First.  By  the  gentlemen  officers  in  committee,  and 
board  of  non-commissioned  officers  of  the  garrison. 

We  request  one  half  of  our  pay  due  us  on  the  date  of 
our  discharges — the  fourth  month's  now  dealing  out  to 
each 'man,  we  think  is  unfair,  as  some  have  not  been  five 
months  enlisted,  while  others  have  three  years  pay  due, 
and  served  the  country  in  its  necessity — Glory  be  to  God, 
we  survive. 

Second.  The  balance  that  may  be  due  to  us  after  our 
receiving,  as  before  mentioned,  we  desire  such  certificates 
for,  with  lawful  interest,  as  will  specify  when  to  be  re- 
deemed ;  and  not  such  ones  as  we  have  before  this  been 
put  off  with ;  and  so,  if  in  necessity,  by  sickness  or  other 
unavoidable  misfortune  be  necessitated  to  sell  them  (per- 
haps) to  those  who  have  experienced  nothing  of  the 
fatigues  of  the  war,  for  two  shillings  per  twenty. 


24  PRESIDENT  OF  CONGRESS. 

Third.  We  expect  our  small  articles  in  rations  promised 
to  us  at  the  beginning  of  the  war,  and  cut  off  since,  shall 
be  made  up  to  us;  all  deficiencies  of  clothing,  &c.  to  be 
settled  for. 

Fourth.  That  we  receive  patents  for  the  lands  due  to 
us  with  our  discharges,  and  his  Excellency's  gratuity. 

Fifth.  That  all  those  soldiers  discharged  from  head- 
quarters already,  may  be  thought  on,  agreeable  to  their 
merit,  and  those  to  be  discharged  also,  particularly  those 
who  have  lost  a  limb. 

Sixth.  That  the  settlement  here  requested  may  extend 
to  all  the  soldiers  belonging  to  the  Pennsylvania  line, 
wherever  they  may  be  in  the  United  States. 

Seventh.  That  the  troops  who  have  come  from  Lan- 
caster may  be  put  on  an  equal  footing  as  soon  as  possible, 
and,  if  there  be  occasion  for  their  enlistments  from  Lan- 
caster, that  they  be  sent  for  without  murmur. 

These  are  all  the  requests  your  hardy  veterans  have  to 
make.  We  think  them  our  right,  and  we  hope  to  obtain 
them;  and  should  the  public  need  our  services  again,  we 
declare  to  sacrifice  our  most  endearing  connections  to  serve 
them. 

In  behalf  of  the  non-commissioned-officers  and  soldiers 
in  garrison. 

JAMES  BENNETT. 


LETTER  FROM  JAMES  BENNETT  TO  THE  PRESIDENT  OF 
THE  EXECUTIVE  COUNCIL. 

May  it  please  your  Excellency, 

We,  the  board  of  Sergeants,  appointed  by  the  troops 
now  in  garrison,  to  lay  our  grievances  before  your  Excel- 
lency and  Council,  are  alarmed  to  hear  your  Excellency 


DIPLOMATIC  CORRESPONDENCE.  25 

and  the  good  citizens  of  this  State  are  under  apprehen- 
sion that  the  troops  intend  taking  some  desperate  steps, 
and  likewise,  that  they  were  determined  to  attempt  the 
bank  in  this  city; 

We  beg  leave  to  inform  your  Excellency,  that  nothing 
of  this  kind  was  ever  intended  by  us ;  and  do  declare, 
that  if  any  thing  of  that  nature  has  taken  place,  it  is 
contrary  to  our  wishes  or  knowledge,  and  that  we  will 
immediately  endeavor  to  find  out  such  persons  as  have 
been  guilty,  if  any  there  be,  and  bring  them  to  punish- 
ment. 

We  are  your  Excellency's 

Most  obedient  servants, 
Sent  by  order  of  the  board  of  Sergeants, 

JAMES  BENNETT. 


May  it  please  your  Excellency, 

We,  the  Sergeants  forming  the  committee  in  garrison, 
representing  the  hon-commissioned-officers  and  soldiers, 
now,  are  extremely  sorry  for  any  irregularities  that  have 
happened ;  for  which  we  most  sincerely  beg  your  Excel- 
lency's and  Council's  pardon,  together  with  all  worthy 
citizens. 

By  order  of  the  board  of  Sergeants, 

JAMES  BENNETT. 


Resolution  of  Congress,  June  2  Is*,  1783. 
"Resolved,  That  the  President  and  Supreme  Executive 
Council  of  Pennsylvania  be  informed,  that  the  authority 
of  the  United  States  having  been  this  day  grossly  insulted 

VOL.  i.— 4 


26  PRESIDENT  OF  CONGRESS. 

by  the  disorderly  and  menacing  appearance  of  a  body  ol 
armed  soldiers  about  the  place  within  which  Congress 
were  assembled,  and  the  peace  of  this  city  being  endan- 
gered by  the  mutinous  disposition  of  the  said  troops  njw 
in  the  barracks,  it  is,  in  the  opinion  of  Congress,  necessary 
that  effectual  measures  be  immediately  taken  for  supporting 
the  public  authority. 

Resolved,  That  the  Committee  on  a  letter  from  Col. 
Butler,  be  directed  to  confer,  without  loss  of  time,  with 
the  Supreme  Executive  Council  of  Pennsylvania,  on  the 
practicability  of  carrying  the  preceding  resolution  into 
effect,  and  that  in  case  it  shall  appear  to  the  committee 
that  there  is  not  a  satisfactory  ground  for  expecting  ade- 
quate and  prompt  exertion  of  this  State  for  supporting  the 
dignity  of  the  Federal  Government — the  President,  on 
the  advice  of  the  Committee,  be  authorized  and  directed  to 
summon  the  members  of  Congress  to  meet  on  Thursday 
next  at  Trenton  or  Princeton,  in  New  Jersey,  in  order 
that  further  and  more  effectual  measures  may  be  taken  for 
suppressing  the  present  revolt  and  maintaining  the  dignity 
and  authority  of  the  United  States. 

Resolved,  That  the  Secretary  at  War  be  directed  to 
communicate  to  the  Commander-in-Chief,  the  state  and 
disposition  of  the  said  troops,  in  order  that  he  may  take 
immediate  measures  to  despatch  to  this  city  such  force  as 
he  may  judge  expedient  for  suppressing  any  disturbances 
which  may  ensue." 

Resolution  of  Congress,  July  1st,  1783. 
"  Resolved,  That  Major  General  Howe  be  directed  to 
march  such  part  of  the  force  under  his  command,  as  he 


DIPLOMATIC  CORRESPONDENCE.  $>7 

shall  judge  necessary,  to  tfie  State  of  Pennsylvania,  in 
order  that  immediate  measures  may  be  taken  to  confine 
and  bring  to  trial  all  such  persons  belonging  to  the  army 
as  have  been  principally  active  in  the  late  mutiny,  to  dis- 
arm the  remainder,  and  to  examine  fully  into  all  the  cir- 
cumstances relating  thereto. 

That  in  the  execution  of  the  foregoing  resolution,  if 
any  matter  shall  arise  which  may  concern  the  ciril  juris- 
diction, or  in  which  its  aid  may  be  necessary,  appli- 
cation be  made  for  the  same  to  the  Executive  authority 
of  the  State. 

That  the  Executive  of  Pennsylvania  be  informed  of 
the  foregoing  resolutions,  and  requested  to  afford  their 
assistance  whensoever  the  same  shall  be  required." 


2nd  Report  of  the   Committee  of  Congress,  July  1 , 
1783. 

The  Committee  appointed  to  confer  with  the  Supreme 
Executive  Council  of  Pennsylvania,  on  the  practicability 
of  taking  effectual  measures  to  support  the  public  author- 
ity, in  consequence  of  the  disorderly  and  menacing  ap- 
pearance of  a  body  of  armed  soldiers  surrounding  the 
place  where  Congress  were  assembled,  on  Saturday  the 
21st  inst.,  beg  leave  to  report: 

That  they  had  a  conference  the  following  morning  with 
the  Supreme  Executive  Council,  agreeably  to  the  inten- 
tion of  Congress,  and  having  communicated  their  resolu- 
tion on  that  subject,  informed  the  Council  that  Congress 
considered  the  proceeding  on  which  that  resolution  was 
founded  of  so  serious  a  nature  as  to  render  palliatives  im- 
proper, and  to  require  that  vigorous  measures  should  be 


28  PRESIDENT  OF  CONGRESS. 

taken  to  put  a  stop  to  the  further  progress  of  the  evil, 
and  to  compel  submission  on  the  part  of  the  offenders. 
That  in  this  view  they  had  thought  it  expedient  to  declare 
to  the  Executive  of  the  State  in  which  they  reside,  the 
necessity  of  taking  effectual  measures  for  supporting  the 
public  authority.  That  though  they  had  declined  a  spe- 
cification of  the  measures  which  they  would  deem  effec- 
tual, it  was  their  sense  that  a  number  of  the  militia  should 
be  immediately  called  out  sufficient  to. suppress  the  revolt. 
That  Congress,  unwilling  to  expose  the  United  States  to 
a  repetition  of  the  insult,  had  suspended  their  ordinary 
deliberations  in  this  city  till  proper  steps  could  be  taken 
to  provide  against  the  possibility  of  it.  The  Council, 
after  some  conversation,  informed  the  Committee,  that 
they  would  wish,  previous  to  a  determination,  to  ascertain 
the  state  and  disposition  of  the  militia,  and  to  consult  the 
officers  for  that  purpose. 

The  day  following  the  Committee  waited  upon  the  Coun- 
cil for  their  final  resolution,  having  previously  presented  a 
letter  addressed  to  his  Excellency  the  President,  of  which 
a  copy  is  annexed,  requesting  the  determination  of  the 
Council  in  writing. 

The  Council  declined  a  written  answer,  alleging  that 
it  had  been  unusual  on  similar  occasions,  that  they  were 
unwilling  to  do  any  thing  which  might  appear  an  innova- 
tion in  the  manner  of  conducting  conferences  between 
their  body  and  committees  of  Congress,  adding,  howev- 
er, that  they  were  ready  to  give  their  answer  in  writing 
if  Congress  should  request  it.  They  then  proceeded  to  a 
verbal  answer,  in  substance  as  follows :  That  the  Coun- 
cil had  a  high  respect  for  the  representative  sovereignty 
of  the  United  States,  and  were  disposed  to  do  every 


DIPLOMATIC  CORRESPONDENCE.  29 

thing  in  their  power  to  support  its  dignity.  That  they 
regretted  the  insult  which  had  happened,  with  this  addi- 
tional motive  of  sensibility,  that  they  had  themselves  had 
a  principal  share  in  it.  That  they  had  consulted  a  num- 
ber of  well  informed  officers  of  the  militia  and  found  that 
nothing,  in  the  present  state  of  things,  was  to  be  expected 
from  that  quarter.  That  the  militia  of  the  city  in  general 
were  not  only  ill  provided  for  service,  but  disinclined  to 
act  upon  the  present  occasion.  That  the  Council  did 
not  believe  any  exertions  were  to  be  looked  for  from 
them,  except  in  case  of  further  outrage  and  actual  vio- 
lence to  person  or  property.  That  in  such  case  a  respec- 
table body  of  citizens  would  arm  for  the  security  of  their 
property  and  the  public  peace ;  but  it  was  to  be  doubted 
what  measure  of  outrage  would  produce  this  effect,  and 
in  particular  it  was  not  to  be  expected  merely  from  a  re- 
petition of  the  insult  which  had  happened.  The  Council 
observed  that  they  thought  it  their  duty  to  communi- 
cate their  expectations  with  candor,  and  passed  from  the 
subject  of  the  practicability  of  vigorous  measures  to  the 
policy  of  them.  They  stated  that  General  St.  Clair,  with 
the  approbation  of  several  members  of  Congress  and  of 
Council,  had,  by  a  declaration  in  writing,  permitted  the 
mutineers  to  choose  a  committee  of  commissioned  officers 
to  represent  their  grievances  to  Council,  and  had  authorized 
them  to  expect  that  a  conference  would  be  allowed  for 
that  purpose.  That  it  was  said  the  mutineers  began  to  be 
convinced  of  their  error  and  were  preparing  for  submission. 
That,  from  the  steps  which  had  been  taken,  the  business 
seemed  to  be  in  a  train  of  negotiation,  and  that  it  merited 
consideration  how  far  it  would  be  prudent  to  terminate 
the  matter  in  that  way  rather  that'employ  coercive  means. 


30  PRESIDENT  OF  CONGRESS. 

The  Committee  remarked,  with  regard  to  the  scruple 
about  giving  an  answer  in  writing,  that  they  could  not  for- 
bear differing  in  opinion  as  to  its  propriety.  That  nothing 
was  more  common  than  written  communications  between 
the  executives  of  different  States  and  the  civil  and  mili- 
tary officers  acting  under  the  authority  of  the  United 
States.  That  for  a  much  stronger  reason  there  was  a 
propriety  in  this  mode  of  transacting  business  between  the 
Council  and  a  Committee  of  the  body  of  Congress.  That 
indeed  it  would  be  conformable  to  the  most  obvious  and 
customary  rules  of  proceeding,  and  that  the  importance 
of  the  present  occasion  made  it  desirable  to  give  every 
transaction  the  greatest  precision. 

With  respect  to  the  practicability  of  employing  the 
militia,  the  Committee  observed  that  this  was  a  point  of 
which  the  Council  was  alone  competent  to  judge.  That 
the  duty  of  the  Committee  was  performed  in  explicitly 
signifying  the  expectations  of  Congress. 

And,  with  respect  to  the  policy  of  coercion,  the 
Committee  remarked,  that  the  measures  taken  by  Con- 
gress clearly  indicated  their  opinion  that  the  excesses 
of  the  mutineers  had  passed  the  bounds  within  which  a 
spirit  of  compromise  might  consist  with  the  dignity  and 
even  the  safety  of  the  government.  That  impunity  for 
what  had  happened  might  encourage  to  more  flagrant  pro- 
ceedings, invite  others  to  follow  the  example  and  extend 
the  mischief.  That  the  passiveness  of  conduct  observed 
towards  the  detachment  which  had  mutinied  at  Lancaster 
and  come  to  the  city  in  defiance  of  their  officers,  had  no 
doubt  led  to  the  subsequent  violences.  That  these  con- 
siderations had  determined  Congress  to  adopt  decisive 
measures.  That  besides  the  application  to  the  State  in 


DIPLOMATIC  CORRESPONDENCE.  31 

which  they  reside,  for  its  immediate  support,  they  had  not 
neglected  other  means  of  ultimately  executing  their  pur- 
pose, but  had  directed  the  Commander-in-Chief  to  march 
a  detachment  of  troops  towards  the  city.  That  whatever 
moderation  it  might  be  prudent  to  exercise  towards  the 
mutineers,  when  they  were  once  in  the  power  of  govern- 
ment, it  was  necessary  in  the  first  instance  to  place  them 
in  that  situation.  That  Congress  probably  would  con- 
tinue to  pursue  this  object,  unless  it  should  be  superseded 
by  unequivocal  demonstrations  of  submission  on  the  part 
of  the  mutineers.  That  they  had  hitherto  given  no  satis- 
factory evidence  of  this  disposition,  having  lately  pre- 
sented the  officers  they  had  chosen  to  represent  their 
grievances  with  a  formal  commission  in  writing,  enjoining 
them,  if  necessary,  to  use  compulsory  means  for  redress, 
and  menacing  them  with  death  in  case  of  their  failing  to 
execute  their  views.  Under  this  state  of  things,  the  com- 
mittee could  not  forbear  suggesting  to  the  Council  that  it 
would  be  expedient  for  them  so  to  qualify  the  reception 
which  they  should  think  proper  to  give  to  any  proposi- 
tions made  by  the  mutineers  as  not  to  create  embarass- 
ment  should  Congress  continue  to  act  on  the  principle 
of  coercion. 

The  Committee,  finding  there  was  no  satisfactory  ground 
to  expect  prompt  and  adequate  exertions  on  the  part  of 
the  Executive  of  this  State  for  supporting  the  public  au- 
thority, were  bound,  by  the  resolution  under  which  they 
acted,  to  advise  the  President  to  summon  Congress  to  as- 
semble at  Princeton  or  Trenton,  on  Thursday,  the  26th  inst. 

Willing,  however,  to  protract  the  departure  of  Con- 
gress as  long  as  they  could  be  justified  in  doing  it,  still 
hoping  that  further  information  would  produce  more  deci- 


32  PRESIDENT  OF  CONGRESS. 

sive  measures  on  the  part  of  the  Council,  and  desirous  of 
seeing  what  complexion  the  intimated  submissions  would 
assume,  they  ventured  to  defer  advising  the  removal  till 
the  afternoon  of  the  day  following  that  on  which  the  an- 
swer of  Council  was  given.  But  having  then  received 
no  farther  communications  from  the  Council,  and  having 
learned  from  General  St.  Clair  that  the  submission  pro- 
posed to  be  offered  by  the  mutineers,  through  the  officers 
they  had  chosen  to  represent  them,  were  not  of  a  nature 
sufficiently  explicit  to  be  accepted  or  relied  on.  That 
they  would  be  accompanied  by  new  demands  to  which  it 
would  be  improper  to  listen.  That  the  officers  them- 
selves composing  the  committee  had  shewn  a  mysterious 
reluctance  to  inform  General  St.  Clair  of  their  proceed- 
ings— had  refused  in  the  first  instance  to  do  it,  and  had 
afterwards  yielded  only  to  a  peremptory  demand  on  his 
part,  the  Committee  could  no  longer  think  themselves  at 
liberty  to  delay  their  advice  for  an  adjournment,  which 
they  this  day  accordingly  gave,  persuaded  at  the  same 
time  that  it  was  necessary  to  impress  the  mutineers  with 
a  conviction  that  extremities  would  be  used  against  them 
before  they  would  be  induced  to  resolve  on  a  final  and 
unreserved  submission. 

Philadelphia,  June  24th,  1783. 


The  letter  of  His  Excellency  the  President  of  the  Su- 
preme Executive  Council  of  Pennsylvania. 
Sir, 

We  have  the  honor  to  enclose  for  your  Excellency 
and  the  Council  a  copy  of  the  resolutions  communicated 
in  our  conference  yesterday.  Having  then  fully  entered 


DIPLOMATIC  CORRESPONDENCE.  33 

into  all  the  explanations  which  were  necessary  on  the 
subject,  we  shall  not  trouble  your  Excellency  with  a  re- 
capitulation ;  but,  as  the  object  is  of  a  delicate  and  im- 
portant nature,  we  think  it  our  duty  to  request  the  de- 
termination of  the  Council  in  writing.  We  have  the 
honor  to  be,  with  perfect  respect,  your  Excellency's  most 
obedient  servants. 

Philadelphia,  June  23d,  1783. 


BY  HIS  EXCELLENCY, 

ELIAS  BOUDINOT,  ESQ. 

President  of  the  United  States,  in  Congress  assembled, 

A  PROCLAMATION. 

Whereas  a  body  of  armed  soldiers  in  the  service  of 
the  United  States,  and  quartered  in  the  barracks  of  this 
city,  having  mutinously  renounced  their  obedience  to  their 
officers,  did,  on  Saturday  the  twenty-first  instant,  proceed 
under  the  guidance  of  their  Sergeants,  in  a  hostile  and 
threatening  manner,  to  the  place  in  which  Congress  were 
assembled,  and  did  surround  the  same  with  guards :  And 
whereas  Congress,  in  consequence  thereof,  did,  on  the 
same  day,  resolve,  "That  the  President  and  Supreme 
Executive  Council  of  this  State,  should  be  informed,  that 
the  authority  of  the  United  States,  having  been  that  day 
grossly  insulted  by  the  disorderly  and  menacing  appear- 
ance, of  a  body  of  armed  soldiers,  about  the  place  within 
which  Congress  were  assembled ;  and  that  the  peace  of 
this  city  being  endangered  by  the  mutinous  disposition  of 
the  said  troops  then  in  the  barracks ;  it  was,  in  the  opinion 
of  Congress,  necessary  that  effectual  measures  should  be 
immediately  taken  for  supporting  the  public  authority:" 
VOL.  i.— 5 


34  PRESIDENT  OF  CONGRESS. 

And  also,  whereas  Congress  did,  at  the  same  time,  ap- 
point a  committee  to  confer  with  the  said  President  and 
Supreme  Executive  Council,  on  the  practicability  of 
carrying  the  said  resolution  into  due  effect:  And  also, 
whereas  the  said  committee  have  reported  to  me,  that 
they  have  not  received  satisfactory  assurances  for  expect- 
ing adequate  and  prompt  exertions  of  this  State  for 
supporting  the  dignity  of  the  Federal  Government:  And 
also,  whereas  the  said  soldiers  still  continue  in  a  state  of 
open  mutiny  and  revolt,  so  that  the  dignity  and  authority 
of  the  United  States  would  be  constantly  exposed  to  a 
repetition  of  insult,  while  Congress  shall  continue  to  sit  in 
this  city :  I  do,  therefore,  by  and  with  the  advice  of  the 
said  committee,  and  according  to  the  powers  and  authori- 
ties in  me  vested,  for  this  purpose,  hereby  summon  the 
honorable  the  Delegates  composing  the  Congress  of  the 
United  States,  and  every  of  them,  to  meet  in  Congress, 
on  Thursday  the  twenty-sixth  day  of  June  instant,  at 
Princeton,  in  the  State  of  New-Jersey,  in  order  that 
further  and  more  effectual  measures  may  be  taken  for  sup- 
pressing the  present  revolt,  and  maintaining  the  dignity 
and  authority  of  the  United  States;  of  which  all  officers 
of  the  United  States,  civil  and  military,  and  all  others 
whom  it  may  concern,  are  desired  to  take  notice  and 
govern  themselves  accordingly. 

Given  under  my  hand  and  seal,  at  Philadelphia,  in  the 
State  of  Pennsylvania,  this  twenty-fourth  day  of  June,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty-three,  and  of  the  sovereignty  and  independence  of 
the  United  States,  the  seventh. 

ELIAS  BOUDINOT. 
Attest,  .     SAMUEL  STERETT,  Private  Sec. 


DIPLOMATIC  CORRESPONDENCE. 


DEMAND    MADE    BY  THE    MUTINEERS. 

May  it  please  your  Excellency, 
We,  the  non-commissioned  officers  and  soldiers 
now  in  this  city,  demand  of  you  and  the  Honorable 
Council,  authority  to  appoint  commissioned  officers  to 
command  us  and  redress  our  grievances,  which  officers  to 
have  full  powers  to  adopt  such  measures  as  they  may 
judge  rrfost  likely  to  procure  us  justice.  You  will  imme- 
diately issue  such  authority  and  deliver  it  to  us,  or  other- 
wise we  shall  instantly  let  in  those  injured  soldiers  upon 
you,  and  abide  by  the  consequence.  You  have  only 
twenty  minutes  to  deliberate  on  this  important  matter. 
The  officers  in  general  have  forsaken  us  and  refuse  to 
take  any  further  command.  This  I  presume  you  all 
know. 

We  are,  in  behalf  of  ourselves  and  the  men, 
Yours,  &tc.  &c. 


JAMES    CHRYSTIE  TO  JOHN  DICKINSON. 

Philadelphia,  24th  June,  1783. 
Sir, 

Yesterday  morning  we  were  waited  on  severally  by  a 
committee  of  Sergeants,  who  handed  to  each  of  us  simi- 
lar appointments,  of  which  the  enclosed  is  one.  But 
upon  their  being  objected  to  and  refused  as  inconsistent 
with  the  powers  granted  them  and  dishonorable  to  us, 
they  made  such  concessions  relative  to  us  as  were  satis- 
factory, so  far  as  we  could  take  up  the  business ;  and  they 
have  confessed  their  conduct  on  the  21st  instant  to  be  dis- 


36  PRESIDENT  OF  CONGRESS. 

orderly  and  have  promised  to  hand  to  us  the  concessions 
as  soon  as  possible,  which  we  will  immediately  lay  before 
your  Excellency. 

I  have  the  honor  to  be,  &c. 

JAMES  CHRYSTIE,  Capt.  2d  Penn.  Regt. 
President  of  the  Committee. 


COMMISSION    BY    THE    MUTINEERS. 

'    «    ""    Philadelphia  Barrack,  23d  June,  1783. 
Sir, 

You  are  hereby  appointed  by  the  non-commissioned 
officers  and  soldiers  in  this  city,  from  authority  which 
they  have  from  the  President  of  the  State  and  General 
St.  Clair,  as  a  member  to  represent  them  in  committee 
of  six  commissioned  officers.  You  are  to  remember  that 
every  effort  in  your  power  must  be  exerted  to  bring  about 
the  speedy  and  most  ample  justice ;  and  even  to  use  com- 
pulsive measures  should  they  be  found  necessary — which 
we  declare  in  the  presence  of  Almighty  God  we  will  sup- 
port you  in  to  the  very  utmost  of  our  power.  Should  you 
shew  a  disposition  not  to  do  all  in  yours,  Death  is  inevita- 
bly your  fate. 

Signed  by  order  of  the  board, 

JAMES  BENNET,  Secretary. 
Captain  JAMES  CHRYSTIE. 


DIPLOMATIC  CORRESPONDENCE.  37 

JOHN    SULLIVAN    TO    COLONEL    MOYLAND. 

The  Cape,  30th  June,  1783. 

Dear  Colonel, 

If  a  consciousness  of  rectitude  can  be  a  consolation  to 
men  in  adversity,  be  assured  our  spirits  are  far  superior  to 
our  circumstances,  and  am  confident  that  none  but  persons 
accustomed  to  judge  of  things  by  the  event  will  reprobate 
our  conduct.  The  little  prospect  of  succeeding  in  such 
an  attempt,  and  the  difficulties  we  had  to  encounter,  were 
so  great,  that  to  have  been  confident  of  success  would  have 
proved  us  to  be  as  destitute  of  prescience  as  of  common 
sense.  But  a  series  of  injuries,  and  the  incessant  indigni- 
ties we  experienced,  were  our  sole  inducements  for  prose- 
cuting the  plan  at  all  risks.  I  am  not  ignorant  of  the 
sentiments  of  men  in  power,  in  respect  to  the  army,  and 
the  ideas  they  entertain  of  the  passiveness  of  the  officers. 
These  circumstances  determined  us  to  convince  them  we 
had  a  just  sense  of  our  wrongs,  and  were  not  callous  to 
ill-treatment. 

It  avails  little  what  appearance  tyranny  may  assume  to 
veil  injustice  ;  but  it  is  a  duty  incumbent  on  honest  men, 
by  investigating  the  principles  of  insidious  policy,  not  to 
submit  to  the  imposition. 

Actuated  by  the  purest  motives  of  patriotism  and  disin- 
terestedness, I. abandoned  my  dearest  connexions  at  a 
tender  age,  to  fight  under  American  colors,  at  a  critical 
period,  and  when  affairs  were  equally  balanced.  My  con- 
duct in  the  army,  either  as  a  soldier  or  a  gentleman,  I 
appeal  to  the  officers  in  general,  and  you  in  particular,  to 
decide  on. 


38  PRESIDENT  OF  CONGRESS. 

I  flatter  myself  you  will  not  suppose  that  my  attach- 
ment for  this  country  is  diminished  in  the  most  trivial  de- 
gree. I  ever  had  an  innate  affection  for  America,  and 
were  she  on  the  verge  of  ruin,  I  would  come  and  perish 
with  her.  Let  what  bad  men  there  are  at  the  helm  of 
government  observe  from  this  instance,  how  dangerous  it 
is  to  drive  men  of  honor  to  desperation. 

The  person  concerned  with  me  is  Captain  Carbery. 
This  young  gentleman  served  with  eclat  in  the  army; 
bled,  and  spent  a  pretty  fortune  in  the  service  of  his  coun- 
try. I  have  requested  Captain  Heard  to  be  punctual  in 
paying  what  trifling  debts  I  owe,  and  have  requested  your 
brother  John  to  draw  on  my  father,  if  necessary.  We 
are  now  wafted  along  by  a  gentle  and  generous  gale,  and 
possess  the  most  perfect  tranquillity  of  mind,  conscious  of 
no  unworthy  action :  all  we  regret  is,  failing  in  a  noble  at- 
tempt. 

"  And  more  true  joy  Marcellus  exiled  feels, 
"  Than  Cesar  with  a  senate  at  his  heels." 

Adieu,  my  dear  Colonel;  be  convinced  I  have  a  just 
sense,  and  want  words  to  express  my  gratitude  for  the  pe- 
culiar marks  of  favor  and  affection  you  have  conferred  on 
me. 

I  am,  with  sincerity,  &c. 

JOHN  StfLLIVAN. 

I  by  no  means  flatter  myself  with  the  idea  of  hearing 
from  you ;  but  my  address  is  Captain  Richardson,  1st  regi- 
ment guards,  London. 

I  take  the  liberty  to  enclose  a  certificate  for  sixty-four 
pounds. 


DIPLOMATIC  CORRESPONDENCE.  39 

A    DECLARATION    OF    OFFICERS    OF   THE   PENNSYLVANIA 
LINE. 

We,  the  under  named  officers,  do  appoint  the  following 
officers  as  a  committee  to  wait  on  Congress,  to  assure  that 
honorable  body  that  we  disapprove  and  detest  the  late 
proceedings  of  the  non-commissioned  officers  and  soldiers 
of  the  Pennsylvania  line,  and  give  them  the  strongest  as- 
surance of  every  assistance  to  repel  them,  if  they  should 
take  such  steps  as  may  render  it  necessary.  The  follow- 
ing gentlemen  were  chosen  for  the  above  purpose,  viz. 
Colonels  Richard  Thompson,  Thomas  Robinson,  and 
Andrew  Porter. 

A.  PORTER,  Col. 

ROBT.  MARTIN,  Lieut. 

JAS.  PETTIGREW,  Lt.  2d.  P.  Regt. 

T.  SUTY,  Captain, 

THOS.  DOYLE,  Lieut. 

W.  McDowELL,  Lieut. 

ANDW.  IRVINE,  Capt. 

E.  SPEER,  Lieut. 

E.  DINNY,  Lieut. 

J.  McCuLLAN,  Lieut. 

ENOS  REEDER,  Lieut. 

J.  B.  TILDEN,  Lieut. 

T.  PROCTOR  Major, 

T.  ROBINSON,  Lieut.  Col. 

WM.  MAGAW,  Surgeon, 

THOS.  DUNCAN,  Lieut. 

RICH.  HAMPTON,  Col.  2d.  P.  Reg. 

LE  ROY,  Lieut. 

JAMES  GAMBLE,  Lieut. 

DE  MARCELLER, 

THOS.  WYLIE,  Capt.  Art.  Artificers. 


40  PRESIDENT  OF  CONGRESS. 


[The  two  following  letters  relate  to  the  mutiny  at  Philadelphia. 
Although  it  does  not  appear  that  copies  were  transmitted  to  our 
ministers  abroad,  yet  it  has  been  thought  proper  to  give  them  a 
place  here.] 

FROM    ELIAS    BOUDINOT,     PRESIDENT    OF    CONGRESS,    TO 
GENERAL  WASHINGTON. 

Philadelphia,  21st  June,  1783.      7 
4  o'clock,  A.  M.      5 

Dear  Sir, 

I  am  greatly  mortified  that  our  circumstances  here 
oblige  me  to  trouble  your  Excellency  with  a  detail  highly 
disagreeable  and  perplexing.  I  presume  your  Excellency 
has  received  copies  of  letters  from  Colonel  Butler  and 
Mr.  Henry,  forwarded  a  few  days  ago :  all  endeavors  to 
oblige  the  men  to  return  to  Lancaster  proved  ineffectual. 
They  entered  this  city  yesterday  morning  in  a  very  orderly 
manner  and  took  possession  of  the  barracks,  and  with  those 
troops  then  quartered  there,  make  up  about  five  hundred 
men.  General  St.  Clair  was  sent  for,  and  matters  seemed 
tolerably  easy  till  this  morning,  when  they  positively  refus- 
ed all  obedience  to  their  officers  and  seemed  forming  a  de- 
sign to  be  troublesome  by  evening.  Congress  being  ad- 
journed till  Monday,  I  thought  it  proper  to  call  them  to- 
gether at  1  o'clock.  Six  States  had  got  together,  when 
the  mutineers,  joined  by  those  at  the  barracks  before  their 
arrival  in  town,  very  unexpectedly  appeared  before,  and 
surrounded,  the  State  House,  with  fixed  bayonets;  the 
Supreme  Executive  Council,  sitting  also  in  the  same 
House.  The  mutineers  sent  in  a  paper,  demanding  of 
the  President  and  Council  to  authorize  them  to  choose 
their  own  officers,  (being  deserted  by  their  former  officers 


DIPLOMATIC  CORRESPONDENCE.  41 

as  they  alleged,)  in  order  to  represent  their  grievances — 
that  they  should  wait  twenty  minutes,  and  if  nothing  was 
then  done,  they  would  turn  in  an  enraged  soldiery  in  the 
Council,  who  would  do  themselves  justice,  and  the  Coun- 
cil must  abide  the  consequences,  or  words  to  that  effect. 
This  was  handed  to  the  members  of  Congress  by  the 
President  of  the  State.  General  St.  Clair  was  present 
at  the  request  of  Congress,  and  but  very  few  other  offi- 
cers attended.  Neither  Congress  nor  the  Council  would 
take  any  measures  while  they  were  so  menaced  ;  and 
matters  continued  thus  till  5  past  3  o'clock  this  afternoon, 
when  the  mutineers  were  prevailed  on  for  the  present  to 
march  back  to  the  barracks.  They  have  seized  the  pub- 
lic magazine,  and  I  am  of  opinion  that  the  worst  is  not 
yet  come. 

Though  no  Congress  was  regularly  formed,  for  want  of 
one  member,  yet  the  members  present  unanimously  direct- 
ed me  to  inform  your  Excellency  of  this  unjustifiable  move- 
ment. The  militia  of  the  city  I  suppose  will  be  called 
out ;  but  there  are  some  suspicions  that  the  mutineers 
value  themselves  on  their  interest  with  the  inhabitants. 
It  is  therefore  the  wish  of  the  members  who  were  assem- 
bled that  your  Excellency  would  direct  a  movement  of 
some  of  your  best  troops,  on  whom  you  can  depend  un- 
der these  circumstances,  towards  this  city ;  as  it  will  be 
of  the  most  dangerous  consequence  if  a  measure  of  this 
kind  is  to  be  put  up  with,  and  no  one  can  tell  where  it 
will  end.  Your  Excellency  will  hear  from  me  again  on 
this  subject  without  delay.  I  forgot  to  inform  your  Ex- 
cellency that  the  month's  pay  for  January  had  been  or- 
dered to  these  men,  and  three  month's  pay  in  notes,  See. 
They  complain  heavily  of  their  accounts  yet  remaining 
VOL.  i.— 6 


42  PRESIDENT  OF  CONGRESS. 

unsettled.  It  is  to  be  wished  the  pay-master  could  ar- 
range matters  so  as  to  close  the  accounts  of  the  soldiery 
with  more  expedition. 

I  have  the  honor,  &c. 

E.  B. 


FROM  GENERAL  GEORGE  WASHINGTON  TO  THE  PRESIDENT 
OF  CONGRESS. 

Head  Quarters,  Newburgh,  evening,  June  24th,  1783. 
Sir, 

It  was  not  until  3  o'clock  this  afternoon,  that  I  had  the 
first  intimation  of  the  infamous  and  outrageous  meeting  of 
a  part  of  the  Pennsylvania  troops ;  it  was  then  I  received 
your  Excellency's  letter  of  the  21st,  by  express,  and 
agreeable  to  the  request  contained  in  it,  I  instantly  order- 
ed three  complete  regiments  of  infantry  and  a  detachment 
of  artillery  to  be  put  in  motion  as  soon  as  possible.  This 
corps  (which  you  will  observe  by  the  returns,  is  a  'large 
proportion  of  our  whole  force)  will  consist  of  upwards  of 
1500  effectives.  As  all  the  troops  who  composed  this 
gallant  little  army,  as  well  those  who  were  furloughed  as 
those  who  remain  in  service,  are  men  of  tried  fidelity, 
I  could  not  have  occasion  to  make  any  choice  of  corps; 
and  I  have  only  to  regret,  that  there  existed  a  necessity, 
they  should  be  employed  on  so  disagreeable  a  service.  I 
dare  say  however,  they  will  on  this,  and  all  other  occa- 
sions, perform  their  duty  as  brave  and  faithful  soldiers. 

While  I  suffer  the  most  poignant  distress  in  observing 
that  a  handful  of  men,  contemptible  in  numbers,  and 
equally  so  in  point  of  service,  (if  the  veteran  troops  from 


DIPLOMATIC  CORRESPONDENCE.  43 

the  southward  have  not  been  seduced  by  their  example) 
and  who  are  not  worthy  to  be  called  soldiers,  should  dis- 
grace themselves  as  the  Pennsylvania  mutineers  have 
done,  by  insulting  the  sovereign  authority  of  the  United 
States,  and  that  of  their  own.  I  feel  an  inexpressible 
satisfaction,  that  even  this  behavior  cannot  stain  the 
name  of  the  American  soldiery ;  it  cannot  be  imputable 
to,  or  reflect  dishonor  on  the  army  at  large ;  but  on  the 
contrary,  it  will,  by  the  striking  contrast  it  exhibits,  hold 
up  to  public  view  the  other  troops,  in  the  most  advanta- 
geous point  of  light.  Upon  taking  all  the  circumstances 
into  consideration,  I  cannot  sufficiently  express  my  sur- 
prise and  indignation,  at  the  arrogance,  the  folly  and  the 
wickedness  of  the  mutineers;  nor  can  I  sufficiently  ad- 
mire the  fidelity,  the  bravery  and  the  patriotism,  which 
must  forever  signalize  the  unsullied  character  of  the  other 
corps  of  our  army ;  for  when  we  consider  that  these 
Pennsylvania  levies,  who  have  now  mutinied,  are  recruits 
and  soldiers  of  a  day,  who  have  not  borne  the  heat  and 
burden  of  the  war,  and  who  can  have,  in  reality,  very 
few  hardships  to  complain  of;  and  when  we  at  the  same 
time  recollect,  that  those  soldiers  who  have  lately  been 
furloughed  from  this  army,  are  the  veterans  who  have 
patiently  endured  hunger,  nakedness,  and  cold,  who  have 
suffered  and  bled  without  a  murmur,  and  who,  with  per- 
fect good  order,  have  retired  to  their  homes,  without  the 
settlement  of  their  accounts,  or  a  farthing  of  money  in 
their  pockets ;  we  shall  be  as  much  astonished  at  the 
virtues  of  the  latter,  as  we  are  struck  with  horror  and 
detestation  at  the  proceedings  of  the  former ;  and  every 
candid  mind,  without  indulging  ill-grounded  prejudices, 
will  undoubtedly  make  the  proper  discrimination. 


44  PRESIDENT  OF  CONGRESS. 

I  intended  only  to  wait  until  the  trroops  were  collected 
and  had  occupied  their  new  camp,  in  order  to  make  a  full 
report  to  Congress,  of  the  measures  which  have  been 
taken  in  consequence  of  the  revolution  of  the  26th  of 
May.  Notwithstanding  the  option  which  was  given,  in 
my  answer  to  the  address  of  the  generals  and  officers 
commanding  regiments  and  corps,  which  has  been  already 
sent  to  your  Excellency ;  no  soldiers,  except  a  very  few, 
whose  homes  are  within  the  enemy's  lines,  and  a  very 
small  number  of  officers,  have  thought  proper  to  avail 
themselves  of  it,  by  remaining  with  the  army ;  a  list  of 
those  who  remain,  is  herewith  transmitted.  The  men 
engaged  to  serve  three  years  were  then  formed  into  regi- 
ments and  corps,  in  the  following  manner,  viz.  The  troops 
of  Massachusetts  composed  4  regiments,  Connecticut  1 
regiment,  New  Hampshire  5  companies,  Rhode  Island 
2  companies,  Massachusetts  artillery  3  companies,  and 
the  New- York  artillery  2  companies,  the  total  strength 
will  be  seen  by  the  weekly  state,  which  is  also  forwarded. 

The  army  being  thus  reduced  to  merely  a  competent 
garrison  for  West  Point,  that  being  our  only  object  of 
importance  in  this  quarter,  and  it  being  necessary  to  em- 
ploy a  considerable  part  of  the  men  in  building  an  arsenal 
and  magazines  at  that  post,  agreeably  to  the  directions 
given  by  the  Secretary  at  War;  the  troops  accordingly 
broke  up  their  cantonment  yesterday,  and  removed  to 
that  garrison,  where  Major  General  Knox  still  retains  the 
command.  The  detachment  which  marches  for  Phila- 
delphia, will  be  under  the  orders  of  Major  General  Howe, 
Major  General  Heath  having,  at  his  own  particular  re- 
quest, retired  from  the  field ;  the  Brigadiers  now  remaining 
with  the  army,  are  Patterson,  Huntington,  and  Greaton, 


DIPLOMATIC  CORRESPONDENCE.  45 

besides  the  Adjutant  General.  Thus  have  I  given  the 
present  state  of  our  military  affairs,  and  hope  the  arrange- 
ments will  be  satisfactory  to  Congress. 

I  have  the  honor  to  be,  &c. 

GEO:  WASHINGTON. 

P.  S.  Should  any  thing  turn  up,  which  may  prevent 
the  necessity  of  the  troops  proceeding  to  Philadelphia,  I 
am  to  request  your  Excellency  will  send  the  earliest  in- 
timation to  the  commanding  officer,  that  the  detachment 
may  return  immediately.  The  route  will  be  by  King- 
wood,  Pompton,  Morristown,  Princeton  and  Trenton,  on 
which  your  express  may  meet  the  troops. 


STATE    OF    PENNSYLVANIA. 

In  General  Assembly, 

Friday,  August  29,  1783,  A  M. 

The  -report  of  the  Committee  appointed  to  consider  of 
the  most  eligible  means  for  the  accommodation  of  Con- 
gress, should  that  honorable  body  determine  to  reside 
within  this  State,  read  August  27th  instant,  was  read  the 
second  time,  whereupon 

Resolved  unanimously,  That  until  Congress  shall  de- 
termine upon  the  place  of  their  permanent  residence,  it 
would  be  highly  agreeable  to  this  House,  if  that  honora- 
ble body  should  deem  it  expedient,  to  return,  and  con- 
tinue in  the  city  of  Philadelphia.  In  which  case  they  of- 
fer to  Congress  the  different  apartments  in  the  State 
House,  and  adjacent  buildings,  which  they  formerly  oc- 
cupied for  the  purpose  of  transacting  the  national  business 
therein. 


46  PRESIDENT  OF  CONGRESS. 

Resolved  unanimously,  That  this  House  will  take  effec- 
tual measures  to  enable  the  Executive  of  the  State  to  af- 
ford speedy  and  adequate  support  and  protection  to  the 
honor  and  dignity  of  the  United  States  in  Congress,  and 
the  persons  of  those  composing  the  Supreme  Council  of 
the  nation  assembled  in  this  city. 

Resolved  unanimously,  That  as  this  House  is  sincerely 
disposed  to  render  the  permanent  residence  of  Congress 
in  this  State,  commodious  and  agreeable  to  that  honorable 
body,  the  delegates  of  this  State  be  instructed  to  request 
that  Congress  will  be  pleased  to  define  what  jurisdiction 
they  deem  necessary  to  be  vested  in  them  in  the  place 
wherein  they  shall  permanently  reside." 

Extract  from  the  minutes. 

PETER  Z.  LLOYD, 
Clerk  of  the  General  Assembly. 


STATE    OF    PENNSYLVANIA. 

In  General  Assembly,  August  30th,  1783. 
Gentlemen, 

Inclosed  you  have  sundry  resolutions  of  this  House, 
which  you  will  be  pleased  to  lay  before  the  United 
States  in  Congress  assembled,  and  furnish  the  House 
with  an  answer  as  speedily  as  the  same  may  be  obtained 
from  that  honorable  body. 

By  order  of  the  House 
(Signed)         FREDERIC  A.  MUHLENBURG, 

Speaker. 
Honorable  the  Delegates  of  Pennsylvania. 


DIPLOMATIC  CORRESPONDENCE.  47 

"  The  Delegates  of  Pennsylvania  are  authorized  by  the 
President  and  Council  of  that  State,  to  declare  in  the 
most  respectful  terms  to  Congress  that  their  return  to 
Philadelphia,  is  sincerely  desired  by  the  President  and 
Council  as  an  event  which  would  give  them  the  greatest 
satisfaction." 

August  13,  1783. 


FROM     ELIAS     BOUDINOT,    PRESIDENT     OF    CONGRESS,     TO 

BENJAMIN  FRANKLIN,  MINISTER  PLENIPOTENTIARY,  &C. 

PARIS. 

Princeton,  August  15,  1783. 
Sir, 

I  had  the  honor  of  your  favor  of  the  17th  March,  en- 
closing the  treaty  between  the  United  States  and  the 
King  of  Sweden,  the  ratification  whereof  has  been  re- 
tarded for  want  of  nine  States  present  in  Congress. 
This  act  has  now  taken  place,  and  I  am  honored  with  the 
commands  of  Congress  to  transmit  it  to  you  for  ex- 
change, which  I  now  have  the  pleasure  of  doing,  and 
hope  it  will  meet  with  a  safe  and  speedy  conveyance. 

On  receiving  the  treaty  a  manifest  impropriety  struck 
Congress  in  the  title  of  the  United  States,  being  called  of 
North  America,  when  it  should  have  been  only  America  ; 
and  also  in  the  enumeration  of  the  different  States, 
wherein  the  Delaware  State  is  called  "The  three  lower 
counties  on  Delaware."  As  there  is  no  such  State  in 
the  Union,  Congress  were  at  a  loss  how  they  could  ra- 
tify the  treaty  with  propriety,  unless  they  should  alter 
the  transcript,  which  might  be  liable  to  many  exceptions ; 
they  have  therefore,  to  avoid  all  difficulties,  passed  a  sep- 


48  PRESIDENT  OF  CONGRESS. 

arate  resolve  empowering  you  to  make  the  necessajy 
amendments.  A  certified  copy  of  this  resolution,  I  do 
myself  the  pleasure  to  enclose. 

Congress  are  entirely  at  a  loss  to  account  for  the  si- 
lence of  their  commissioners  at  Paris,  since  February  last, 
being  without  any  official  information  relative  to  the  trea- 
ty with  Great  Britain  since  that  time. 

I  had  the  honor  of  writing  you  very  fully  on  the  15th 
July  last,  giving  the  reasons  for  our  removal  to  this  place 
at  length,  which,  I  hope,  got  safe  to  hand. 

Congress  having  determined  not  to  fix  the  place  of 
their  permanent  residence  till  the  first  Monday  in  October 
next,  is  the  reason  of  defering  the  appointment  of  a  Min- 
ister for  Foreign  Affairs  till  that  is  done. 

I  have  the  honor  to  be,  &c., 

E.  B. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 

July  29,  1783. 

"  Congress  took  into  consideration  a  treaty  of  amity  and 
commerce,  concluded  between  the  King  of  Sweden  and 
the  United  States  of  America,  signed  at  Paris,  on  the 
third  day  of  April  last ;  and  the  same  was  accepted  and 
ratified,  nine  States  being  present,  in  the  manner  following: 

The  United  States  of  America  in  Congress  assembled 
— to  all  who  shall  see  these  presents,  greeting : 

Whereas  by  our  commission  dated  at  Philadelphia,  on 
the  twenty  eighth  day  of  September,  1782,  the  honorable 
Benjamin  Franklin  was  invested  with  full  powers,  on  the 
part  of  the  United  States  of  America,  to  concert  and 
conclude  with  a  person  or  persons  equally  empowered  on 


DIPLOMATIC  CORRESPONDENCE.  49 

the  part  of  his  Majesty  the  King  of  Sweden,  a  treaty  of 
amity  and  commerce,  having  for  its  basis,  the  most  per- 
fect equality,  and  for  its  object,  the  mutual  advantage  of 
the  parties,  we  promising  in  good  faith  to  ratify  whatever 
should  be  transacted  by  virtue  of  the  said  commission: 
and  whereas  our  said  Minister,  in  pursuance  of  his  full 
powers,  did  at  Paris,  on  the  third  day  of  April,  in  the 
year  of  our  Lord,  one  thousand  seven  hundred  and  eighty 
three,  with  Count  Gustavus  Philip  de  Creutz,  Minister 
Plenipotentiary  named  for  that  purpose  on  the  part  of  his 
Majesty  the  King  of  Sweden,  conclude  and  sign  a  treaty 
of  amity  and  commerce  in  the  words  following,  to  wit:* 


Resolution  July  29, 1783. 

"On  motion  of  Mr.  Duane,  seconded  by  Mr.  Holten, 
Resolved,  That  Doctor  Franklin,  Minister  Plenipoten- 
tiary of  these  United  States  for  concluding  a  treaty  with 
the  King  of  Sweden  be,  and  he  hereby  is,  instructed  and 
fully  empowered  to  obtain  amendments  of  the  following 
inaccuracies  in  the  commercial  treaty  with  his  said  Majes- 
ty this  day  ratified,  namely,  United  States  of  North  Ame- 
rica for  "  United  States  of  America."  The  counties 
of  New  Castle,  Kent  and  Sussex  on  Delaware,  for  "De- 
laware," and  to  enter  into  the  necessary  instruments  and 
stipulations  for  that  purpose." 

•Vide  treaty,  page  369,  vol.  3,  Secret  Journal. 

VOL.  i.— 7 


PRESIDENT  OF  CONGRESS. 


FROM    ELIAS    BOUDINOT,    PRESIDENT     OF     CONGRESS,     TO 
BENJAMIN  FRANKLIN,  MINISTER  PLENIPOTENTIARY,  &C. 
PARIS. 
•OOA  Philadelphia,  9th  Sept.  1783. 

Sir, 

Being  by  accident  at  this  city,  and  an  opportunity  of- 
fering, I  do  myself  the  honor  of  enclosing  a  duplicate  of 
the  ratification  of  the  treaty  with  Sweden,  the  original  of 
which  I  transmitted  some  time  since ;  but  not  having  the 
copy  of  the  letter  attending  it  by  me,  I  am  prevented 
from  sending  the  duplicate  of  it,  unless  this  opportunity 
is  risked. 

I  am  happy  to  enclose  you  some  resolutions  of  the  as- 
sembly of  Pennsylvania,  by  which  you  will  see,  that  all 
the  difficulties  that  arose  on  account  of  the  mutiny  have 
happily  subsided,  without  producing  the  least  ill  conse- 
quences. 

The  soldiers  were  very  penitent,  and  two  of  the  Ser- 
geants are  now  under  sentence  of  death,  but  I  believe 
will  be  pardoned  by  Congress  on  account  of  the  means 
used  by  Captain  Carbery  and  Lieutenant  Sullivan,  to 
induce  those  poor  wretches  to  behave  as  they  did,  under 
expectations  of  great  personal  advantages.  I  hope  these 
two  officers  will  meet  with  proper  detestation  from  all 
good  men. 

I  have  the  honor  to  be,  &c.          E.  B. 

Extract  from  the  Secret  Journal  of  Foreign  Affairs, 

September  26*A,  1783. 

"  Congress  took  into  consideration  the  report  of  a  com- 
mittee, consisting  of  Mr.  Duane,  Mr.  Rutledge,  Mr.  Fitz- 


DIPLOMATIC  CORRESPONDENCE.  51 

simmons,  Mr.  Gerry  and  Mr.  Higginson,  appointed  to 
consider  the  late  despatches  from  the  Ministers  of  the 
United  States  at  foreign  courts,  and  to  report  what  mea- 
sures are  necessary  to  be  taken  thereon  ;  and  the  following 
paragraph  being  under  debate,  viz.  "Your  committee 
beg  leave  further  to  observe,  that  in  those  despatches, 
and  particularly  in  Mr.  Adams'  letter  of  the  18th  July,  a 
sentiment  is  earnestly  inculcated,  which  is  indeed  obvious 
in  itself,  that  the  Union  requires  additional  support  from 
its  members ;  and  '  that  if  the  United  States  become  re- 
'  spectable,  it  must  be  by  means  of  more  energy  in  govern- 
'  ment ;  for  as  some  of  the  nations  in  Europe  do  not  yet 
'  perceive  this  important  truth,  that  the  sphere  of  their 
*  own  commerce  will  be  eventually  enlarged  by  the  growth 
'  of  America,  but  on  the  contrary  manifests  a  jealousy  of 
'  our  future  prosperity,  it  becomes  the  United  States  seri- 
'  ously  to  consider  then*  own  interests,  and  to  devise  such 
'  general  systems  and  arrangements,  commercial  or  politi- 
'  cal,  as  our  own  peculiar  circumstances  may  from  time  to 
1  time  require  ;'  your  Committee  therefore  propose,  that  a 
special  Committee  be  appointed  to  take  this  important 
subject  under  deliberation,  and  to  report  the  result  to 
Congress." 


Extract  from  the  Secret  Journal  of  Foreign  Affairs, 
September  29M,  1783. 

"  The  Committee,  consisting  of  Mr.  Duane,  Mr.  Rut- 
ledge,  Mr.  Fitzsimmons,  Mr.  Gerry  and  Mr.  Higginson, 
appointed  to  consider  the  late  despatches  from  the  Minis- 


52  PRESIDENT  OF  CONGRESS. 

ters  of  the  United  States  at  Foreign  Courts,  and  to  report 
what  measures  are  necessary  to  be  taken  thereon,  report- 
ed as  follows : 

Whereas  it  appears  from  Mr.  Adams'  letters  of  the 
23d  June,  and  14th  and  18th  of  July,  from  the  Ministers' 
joint  letter  of  the  27th,  and  Dr.  Franklin's  of  the  22d 
July,  that  the  Court  of  Great  Britain  has  discovered 
great  jealousy  upon  the  subject  of  American  commerce ; 
and  the  truth  of  this  fact  seems  to  be  clearly  evinced,  by 

two  proclamations  of  his  Britannic  Majesty  of  the 

and  the .  The  first  of  which  restrains  the 

importation  of  the  produce  of  any  of  the  United  States 
to  vessels  belonging  to  Great  Britain  and  navigated  ac- 
cording to  her  laws,  or  to  vessels  belonging  to  the  State, 
of  which  the  cargo  is  the  produce  ;  and  the  latter,  when 
taken  in  conjunction  with  her  subsisting  trade  laws,  abso- 
lutely prohibits  American  vessels  or  subjects  from  trading 
to  the  British  Islands  or  Colonies. 

And  whereas  these  regulations  are  highly  injurious  to 
the  welfare  and  commerce  of  these  United  States,  and 
peculiarly  so  to  the  Eastern  States,  as  the  article  of  fish 
is  excluded  from  those  which  are  to  be  admitted  on  any 
condition ;  for  if  these  restrictions  are  continued,  and  the 
vessels  of  each  of  the  American  States  are  confined  in 
the  importation  into  Great  Britain,  to  the  products  of  that 
State  only,  the  intercourse  between  the  States  will  not 
only  be  straitened,  but  a  great  part  of  the  carrying  trade, 
which  arises  from  the  exportation  of  American  produce 
to  England,  will  be  engrossed  by  the  subjects  of  that  king- 
dom, and  a  very  important  branch  of  our  commerce  there- 
by lost,  and  although  the  court  of  France  hath  not  yet 
explicitly  disclosed  her  intentions  with  respect  to  our 


DIPLOMATIC  CORRESPONDENCE.  53 

future  intercourse  with  her  colonies,  there  is  too  much  rea- 
son to  apprehend  that  she  will  restrain  it  to  those  articles 
of  import  and  export  which  do  not  interfere  with  her  own 
exports  or  consumption,  and  which  are  in  fact  of  very 
inconsiderable  value. 

And  whereas  it  is  of  importance  to  counteract  those 
systems  so  injurious  to  the  United  States,  and  this  can 
only  be  done  by  delegating  a  general  power  for  regulating 
their  commercial  interests ;  whereupon, 

Resolved,  That  a  committee  be  appointed  to  prepare 
an  address  to  the  States,  upon  the  subject  of  commerce, 
stating  to  them  the  regulations  which  are  prevailing  in 
Europe,  the  evils  to  be  apprehended  therefrom,  and  the 
steps  proper  to  be  taken  to  guard  against,  and  to  counter- 
act them. 

The  Committee  having  further  reported  as  follows: 

Whereas  it  appears  that  in  those  despatches,  and 
particularly  in  Mr.  Adams'  letter  of  the  18th  July,  a 
sentiment  is  earnestly  inculcated,  which  is  indeed  obvious 
in  itself,  '  that  the  Union  requires  additional  support  from 
'  its  members ;  and  that  if  the  United  States  become  re- 
<  spectable,  it  must  be  by  means  of  more  energy  in  govern- 
'  ment ;  for,  as  some  of  the  nations  of  Europe  do  not  yet 

*  perceive  this  important  truth,  that  the  sphere  of  their  own 
'  commerce  will  be  eventually  enlarged  by  the  growth  of 
'  America ;  but,  on  the  contrary,  manifest  a  jealousy  of  our 

*  future  prosperity  ;  it  becomes  the  United  States  seriously 
'  to  consider  their  own  interests,  and  to  devise  such  general 

*  systems  and  arrangements,  commercial  or  political,  as 
(  our  own  peculiar  circumstances  may  from  time  to  time 
1  require.' 

Thereupon, 


54  PRESIDENT  OF  CONGRESS. 

Resolved,  That  a  special  committee  be  appointed  to 
take  this  important  subject  under  deliberation,  and  report 
the  result  to  Congress. 

The  Committee,  having  further  reported, 

And  whereas,  it  appears  from  Mr.  Adams'  despatches 
of and  Doctor  Franklin's  of  the  22d  July,  that  pro- 
positions for  entering  into  treaties  of  amity  and  commerce 
with  these  United  States,  have  been  made  to  our  Minis- 
ters by  the  King  of  Denmark,  the  Court  of  Portugal,  the 
Emperor  of  Germany,  the  King  of  Prussia,  the  Grand 
Duke  of  Tuscany,  and  the  Court  of  Spain ;  and  that 
many  of  the  other  powers  of  Europe  discover  a  like  dis- 
position: Thereupon, 

Resolved,  That  a  committee  be  appointed  to  consider 
this  subject ;  and  whether  the  transmission  of  general  out- 
lines of  treaties  with  those  several  powers,  or  instructions 
to  our  Ministers,  as  to  the  principles  of  such  treaties,  be 
most  expedient ;  and  to  devise  and  report  such  outlines  or 
instructions  accordingly. 

The  Committee  further  reported,  that  instructions  be 
transmitted  to  the  Ministers,  whom  it  concerns,  immedi- 
ately to  stop  all  further  loans  in  Europe. 

That  representations  be  made  to  the  Court  of  Den- 
mark, for  obtaining  compensation  for  prizes  sent  into  Ber- 
gen, by  the  Alliance  frigate. 

That  enquiry  be  made  why  the  expedition  of  the  Alli- 
ance and  Bon  Homme  Richard,  &c.  was  carried  on  at 
the  expense  and  on  account  of  the  Court  of  France,  and 
whether  any  part  of  the  profit  arising  therefrom,  accrued 
to  the  United  States ;  or  any  of  the  expense  thereof  plac- 
ed to  their  account ;  and  whether  the  proceeds  of  any  of 
the  prizes  taken  in  that  expedition,  and  which  is  due  to 


DIPLOMATIC  CORRESPONDENCE.  55 

the  American  officers  and  seamen  employed  therein,  is 
deposited  in  Europe,  in  whose  hands,  and  to  what  amount. 

That  the  Minister  of  the  United  States  be  instructed 
to  encourage  overtures  for  treaties  of  amity  and  commerce 
from  the  respectable  and  commercial  powers  of  Europe, 
upon  terms  of  the  most  perfect  reciprocity,  and  subject  to 
the  revisal  of  Congress  previous  to  their  ratification. 
Whereupon, 

Resolved,  That  these  several  subjects  be  referred  to  a 
special  Committee,  to  report  thereon  proper  instructions 
to  the  Ministers  of  these  United  States." 


October  1st,  1783. 

"  Congress  resumed  the  consideration  of  the  before- 
mentioned  report :  And,  thereupon, 

Resolved,  That  Mr.  Jay  be  authorized  to  direct  Mr. 
Carmichael  to  repair  to  Paris,  should  Mr.  Jay  be  of 
opinion  that  the  interest  of  the  United  States  at  the  Court 
of  Madrid,  may  not  be  injured  by  Mr.  Carmichael's  ab- 
sence ;  and  that  he  bring  with  him  the  books  and  vouchers 
necessary  to  make  a  final  and  complete  settlement  of  the 
accounts  of  public  money,  which  have  passed  through  the 
hands  of  Mr.  Jay  and  himself;  and  that  Mr.  Barclay  at- 
tend Mr.  Jay  and  Mr.  Carmichael  to  adjust  these  accounts. 

Resolved,  That  Mr.  Jay  have  leave  to  go  to  Bath, 
should  he  find  it  necessary  for  the  benefit  of  his  health." 

"  Ordered,  That  the  Committee  appointed  to  prepare 
instructions  to  the  Ministers  of  the  United  States,  prepare 
drafts  of  letters  to  the  several  Ministers,  to  be  signed  by 
the  President,  on  the  respective  subjects  before  men- 
tioned." 


56  PRESIDENT  OF  CONGRESS. 

FROM  ELIAS  BOUDINOT,  PRESIDENT  OF  CONGRESS,  TO  THE 
MINISTER  PLENIPOTENTIARY  OF  FRANCE. 

Princeton,  27th  October,  1783. 
Sir, 

I  am  honored  by  the  commands  of  Congress  to  make 
known  to  you  the  pleasure  they  received  from  your  com- 
munications of  the  18th*  of  September.  I  cannot  do  this 
so  well  as  by  enclosing  their  act  of  the  24th  instant  for 
this  purpose. 

Be  assured,  sir,  that  every  instance  of  the  affection  of 
our  good  ally  gives  me  great  pleasure,  and  I  feel  equally 
interested  in  the  due  acknowledgement  of  the  many 
proofs  we  have  received  of  this  happy  effect  from  the 
union  of  our  two  nations.  Nothing  can  cement  this 
alliance  more  perfectly  than  reciprocity  and  liberality  in 
commercial  regulations,  which,  I  doubt  not,  are  principles 
that  will  ever  temper  the  wise  councils  of  so  great  a 
monarch  as  your  illustrious  master. 

I  have  the  honor  to  be,  &c.  E.  B. 

Extract  from  the  Secret  Journal,  October  24th,  1783. 

"  Resolved,  That  the  Minister  Plenipotentiary  of 
France  be  informed  that  Congress  receive  much  pleasure 
from  his  communication  of  the  resolution  of  the  belliger- 
ent parties  not  to  sign  a  definitive  treaty  of  peace  with 
Great  Britain  but  in  concert  with  the  United  States. 
That  it  gives  them  equal  satisfaction  to  learn  that  his 
most  Christian  Majesty  had  in  view  the  commerce  of  the 
United  States,  and  that  it  is  their  earnest  wish  that  such 

»  Missing. 


DIPLOMATIC  CORRESPONDENCE.  57 

a  spirit  of  liberality  may  pervade  commercial  regulations 
on  both  sides  as  will  extend  the  intercourse  and  mutual 
interests  of  the  two  nations  and  preserve  and  increase  the 
reciprocal  confidence  and  affection  which  have  so  emi- 
nently distinguished  their  alliance." 


FROM    ELIAS    BOUDINOT,    PRESIDENT    OF    CONGRESS,    TO 

THE    MINISTERS    PLENIPOTENTIARY    OF    THE    UNITED 

STATES,    PARIS. 

Princeton,  November  1,  1783. 
Gentlemen, 

I  am  honored  by  the  commands  of  Congress  to  trans- 
mit you  a  set  of  instructions,  in  consequence  of  your  joint 
and  separate  letters  of  the  months  of  June  and  July  last, 
by  Captain  Barney,  which  I  do  myself  the  honor  to  en- 
close. These  were  not  finished  till  the  29th  ult.,  after 
having  undergone  the  most  mature  deliberation  and  fullest 
discussion  in  Congress. 

Yesterday  we  received,  from  Colonel  Ogden,  the  news 
of  the  signature  of  the  definitive  treaty  on  the  3d  of  Sep- 
tember, and  that  Mr.  Thaxter  was  on  the  way  with  the 
official  news.  We  long  for  his  arrival,  though  we  have 
no  doubt  of  the  fact,  which  is  also  announced  by  the  post 
this  day  from  Boston. 

I  do  most  sincerely  congratulate  you,  gentlemen,  on 
this  most  important  and  happy  event,  which  has  diffused 
the  sincerest  joy  throughout  these  States,  and  the  terms  of 
which  must  necessarily  hand  down  the  names  of  its  Ame- 
rican negotiators  to  posterity  with  the  highest  possible 
honor.  May  the  gratitude  of  your  country  ever  be  the  fair 
reward  of  all  your  labors. 
VOL.  i.—  8 


58  PRESIDENT  OF  CONGRESS. 

New- York  is  not  yet  evacuated,  but  Sir  Guy  Carletou 
has  informed  our  Commander-in-Chief,  that  he  shall  get 
clear  of  it,   in  all  this  month,  though  I  think  they  will 
not  dare  to  stay  much  beyond  the  15th  instant. 
Yours,  &c. 

E.  B. 


Instructions.      Wednesday,  October  29,  1783. 
"  On  the  report  of  the  Committee,  consisting  of  Mr.  S. 
Huntington,  Mr.  A.  Lee,  and  Mr.  Duane,  to  whom  were 
referred  sundry  resolutions,  passed  on  the  29th  of  Sep- 
tember and  1st  October  instant. 

By  the  United  States  in  Congress  assembled  : 
To  the  Ministers  Plenipotentiary  of  the  United  States  of 
America,  at  the  Court  of  Versailles,  empowered  to  ne- 
gotiate a  peace,  or  to  any  one  or  more  of  them, 
First.     You  are  instructed  and  authorized  to  announce 
to  his  Imperial  Majesty  the  Emperor  of  Germany,  or  to 
his  ministers,  the  high  sense  which  the  United  States  in 
Congress   assembled,  entertain  of  his  exalted   character 
and  eminent  virtues,  and  their  earnest  desire  to  cultivate 
his  friendship,  and  to  enter  into  a  treaty  of  amity  and 
commerce  for  the  mutual  advantage  of  the  subjects  of  his 
Imperial  Majesty  and  the  citizens  of  these  United  States. 
Secondly.     You  are  instructed  to  meet  the  advances 
and  encourage  the  disposition  of  the  other  commercial 
powers  of  Europe,  for  entering  into  treaties  of  amity  and 
commerce  with  these  United  States. 

In  negotiations  on  this  subject,  you  will  lay  it  down  as 
a  principle  in  no  case  to  be  deviated  from,  that  they  shall 


DIPLOMATIC  CORRESPONDENCE.  59 

respectively  have  for  their  basis,  the  mutual  advantage  of 
the  contracting  parties,  on  terms  of  the  most  perfect  equal- 
ity and  reciprocity,  and  not  to  be  repugnant  to  any  of  the 
treaties  already  entered  into  by  the  United  States  with 
France  and  other  foreign  powers.  That  such  treaties 
shall,  in  the  first  instance,  be  proposed  for  a  term  not  ex- 
ceeding fifteen  years,  and  shall  not  be  finally  conclusive 
until  they  shall  respectively  have  been  transmitted  to  the 
United  States  in  Congress  assembled,  for  their  examina- 
tion and  final  direction,  and  that  with  the  draughts  or  pro- 
positions for  such  treaties  shall  be  transmitted  all  the  in- 
formation which  shall  come  within  the  knowledge  of  the 
said  Ministers  respecting  the  same,  and  their  observations, 
after  the  most  mature  inquiry  on  the  probable  advantages 
or  disadvantages  and  effects  of  such  treaties  respectively. 
Thirdly.  You  are  instructed  to  continue  to  press  upon 
the  Ministers  of  his  Danish  Majesty  the  justice  of  causing 
satisfaction  to  be  made  for  the  value  of  the  ships  and 
goods  captured  by  the  Alliance  frigate  and  sent  into  Ber- 
gen, and  how  essentially  it  concerns  the  honor  of  the 
United  States  that  their  gallant  citizens  should  not  be  de- 
prived of  any  part  of  those  prizes  which  they  had  so 
justly  acquired  by  their  valor.  That,  as  far  as  Congress 
have  been  informed,  the  estimate  of  those  prizes  at  fifty 
thousand  pounds  sterling  is  not  immoderate  ;  that  no  more, 
however,  is  desired,  than  their  true  value,  after  every  de- 
duction which  shall  be  thought  equitable.  That  Congress 
have  a  sincere  disposition  to  cultivate  the  friendship  of 
his  Danish  Majesty,  and  to  promote  a  commercial  inter- 
course between  his  subjects  and  the  citizens  of  the  United 
States,  on  terms  which  shall  promise  mutual  advantage 
to  both  nations. 


60  PRESIDENT  OF  CONGRESS. 

That  it  is,  therefore,  the  wish  of  Congress  that  this 
claim  should  still  be  referred  to  the  equitable  disposition 
of  his  Danish  Majesty,  in  full  confidence  that  the  reason- 
able expectations  of  the  parties  interested  will  be  fully  an- 
swered. Accordingly,  you  are  fully  authorized  and  di- 
rected, after  exerting  your  best  endeavors  to  enforce  the 
said  claim,  to  the  extent  it  shall  appear  to  you  to  be  well 
founded,  to  make  abatements,  if  necessary,  and,  ultimate- 
ly, to  accept  such  compensation  as  his  Danish  Majesty 
can  be  prevailed  on  to  grant. 

Fourthly.  You  are  further  instructed  to  inquire  and 
report  to  Congress  the  reasons  why  the  expedition  of  the 
Alliance  and  Bon  Homme  Richard,  and  the  squadron 
which  accompanied  them,  was  carried  on  at  the  expense 
and  on  account  of  the  Court  of  France?  Whether  any 
part  of  the  profit  arising  therefrom,  accrued  to  the  United 
States ;  or  any  of  the  expense  thereof  hath  been  placed 
to  their  account ;  whether  the  proceeds  of  any  of  the 
prizes  taken  in  that  expedition,  and  which  is  due  to  the 
American  officers  and  seamen  employed  therein,  is  depo- 
sited in  Europe  ;  and  what  amount ,  where,  and  in  whose 
hands  ? 

Fifthly.  The  acquisition  of  support  to  the  indepen- 
dence of  the  United  States  having  been  the  primary  ob- 
ject of  the  instructions  to  our  Ministers,  respecting  the 
convention  of  the  neutral  maritime  powers,  for  maintain- 
ing the  freedom  of  commerce,  you  will  observe  that  the 
necessity  of  such  support  is  superseded  by  the  treaties 
lately  entered  into  for  restoring  peace.  And  although 
Congress  approve  of  the  principles  of  that  convention  as 
it  was  founded  on  the  liberal  basis  of  the  maintenance  of 
the  rights  of  neutral  nations,  and  of  the  privileges  of 


DIPLOMATIC  CORRESPONDENCE.  61 

commerce ,  yet  they  are  unwilling  at  this  juncture  to  be- 
come a  party  to  a  confederacy  which  may  hereafter  too 
far  complicate  the  interests  of  the  United  States  with 
the  politics  of  Europe ;  and  therefore,  if  such  a  progress 
is  not  already  made  in  this  business  as  may  render  it  dis- 
honorable to  recede,  it  is  the  desire  of  Congress,  and  their 
instruction  to  each  of  the  Ministers  of  the  United  States 
at  the  respective  Courts  in  Europe,  that  no  further  mea- 
sures be  taken  at  present  towards  the  admission  of  the 
United  States  into  that  confederacy. 

Sixthly.  The  Ministers  of  these  States  for  negotiat- 
ing a  peace  with  Great  Britain  are  hereby  instructed,  au- 
thorized and  directed,  to  urge  forward  the  definitive  treaty 
to  a  speedy  conclusion,  and  unless  there  shall  be  an  im- 
mediate prospect  of  obtaining  articles  or  explanations 
beneficial  to  the  United  States,  in  addition  to  the  pro- 
visional articles,  that  they  shall  agree  to  adopt  the  pro- 
visional articles  as  the  substance  of  a  definitive  treaty  of 
peace. 

Seventhly.  The  Minister  or  Ministers  of  these  United 
States,  for  negotiating  a  peace,  are  hereby  instructed  to 
negotiate  an  explanation  of  the  following  paragraph  of 
the  declaration  acceded  to  by  them  on  the  20th  Jan- 
uary, 1783,  relative  to  captures,  viz:  "That  the  term 
should  be  one  month  from  the  channel  and  North  Sea, 
as  far  as  the  Canary  Islands  inclusively,  whether  in  the 
Ocean  or  the  Mediterranean." 

Eighthly.  Mr.  Jay  is  hereby  authorized  to  direct  Mr. 
Carmichael  to  repair  to  Paris,  should  Mr.  Jay  be  of  opin- 
ion that  the  interest  of  the  United  States  at  the  Court  of 
Madrid  may  not  be  injured  by  Mr.  Carmichael's  ab- 
sence, and  that  Mr.  Carmichael  carry  with  him  the 


62  PRESIDENT  OF  CONGRESS. 

books  and  vouchers  necessary  to  make  a  final  and  com- 
plete settlement  of  the  account  of  public  moneys  which 
have  passed  through  the  hands  of  Mr.  Jay  and  himself, 
and  that  Mr.  Barclay  attend  Mr.  Jay  and  Mr.  Carmi- 
chael  to  adjust  these  accounts. 

Ninthly.  Mr.  Jay  has  leave  to  go  to  Bath  should  he 
find  it  necessary  for  the  benefit  of  his  health. 

Ordered,  That  the  fifth  instruction  be.  also  directed  to 
Mr.  Dana,  and  that  with  it  be  sent  a  copy  of  the  other 
instructions,  for  his  information." 

—•»••••*-< 
Translation. 

FROM    THE    CITY    OF    HAMBURG    TO    CONGRESS. 

Right  Noble,  High,  Mighty, 

Most  Honorable  Lords, 

Since  by  the  preliminary  articles  of  peace  lately  be- 
tween the  high  belligerent  powers  concluded,  the  illus- 
trious United  States  of  North  America  have  been  ac- 
knowledged free,  sovereign,  and  independent,  and  now, 
since  European  powers  are  courting  in  rivalry  the  friend- 
ship of  your  High  Mightinesses, 

We,  impressed  with  the  most  lively  sensations  on  the 
illustrious  event,  the  wonder  of  this,  and  the  most  remote 
future  ages,  and  desirous  fully  to  testify  the  part  which 
we  take  therein,  do  hereby  offer  your  High  Mightinesses 
our  service  and  attachment  to  the  cause. 

And  in  the  most  sincere  disposition  of  the  heart,  we 
take  the  honor  to  wish,  so  far  as  from  omnipotent  Provi- 
dence we  do  pray,  that  the  most  illustrious  Republic  of 
the  United  States  of  America  may,  during  the  remotest 


DIPLOMATIC  CORRESPONDENCE.  63 

centuries,  enjoy  all  imaginable  advantages  to  be  derived 
from  that  sovereignty  which  they  gained  by  prudence 
and  courage.  That  by  the  wisdom  and  active  patriotism 
of  your  illustrious  Congress  it  may  forever  flourish  and 
increase,  and  that  the  High  Mighty  Regents  of  these  free 
United  States,  may  with  ease  and  in  abundance  enjoy  all 
manner  of  temporal  happiness ;  and  at  the  same  time  we 
most  obsequiously  recommend  our  city  to  a  perpetual 
friendly  intelligence,  and  her  trade  and  navigation  in  mat- 
ters reciprocally  advantageous,  to  your  favor  and  counte- 
nance. 

In  order  to  show  that  such  mutual  commerce  with  the 
merchant  houses  of  this  place  may  undoubtedly  be  of 
common  benefit,  your  High  Mightinesses  will  be  pleased 
to  give  us  leave  to  mark  out  some  advantages  of  this 
trading  city. 

Here  governs  a  free  unrestrained  republican  commerce 
charged  with  but  few  duties. 

Hamburg's  situation  upon  the  river  Elbe  is  as  if  it  were 
in  the  centre  of  the  Baltic  and  the  North  Sea,  and  as 
canals  are  cut  from  the  river  through  the  city,  goods 
may  be  brought  in  ships  to  the  magazines  in  town,  and 
from  thence  again  to  all  parts  of  the  world. 

Hamburg  carries  on  its  trade  with  economy ;  it  is  the 
mart  of  goods  of  all  countries  where  they  can  be  pur- 
chased not  only  of  good  quality,  but  sometimes  cheaper 
than  at  first  hand. 

Here  linen,  woollen  goods,  calicoes,  glass,  copper,  and 
all  other  numerous  produce,  manufactured  and  context 
wares  of  the  whole  German  Empire,  are  brought  in  by 
Portuguese,  Spaniards,  the  English,  Dutch,  French  and 
other  nations,  and  from  hence  further  transported,  in  ex- 


64  PRESIDENT  OF  CONGRESS. 

change  whereof  considerable  quantities  of  North  Ameri- 
can goods,  much  wanted  in  Germany,  may  be  taken. 

Mr.  Penet,  who  in  your  country  is  honored  with  seve- 
ral offices,  has  sojourned  here  for  some  time,  and  with  all 
who  had  the  honor  of  his  acquaintance  borne  the  charac- 
ter of  an  intelligent,  skilful,  and  for  reciprocally  advan- 
tageous commerce,  well  disposed  and  zealous  man,  will 
certainly  have  the  complaisance  to  give  your  High 
Mightinesses  further  explanation  of  the  advantages  of 
this  trading  place,  which  we  have  but  briefly  touched 
upon. 

We  now  intercessionally  and  most  obsequiously  re- 
quest your  High  Mightinesses  to  favor  and  countenance 
the  trade  of  our  merchants  and  to  suffer  them  to  enjoy 
all  such  rights  and  liberties  as  you  allow  to  merchants  of 
nations  in  amity,  which  in  gratitude  and  with  zeal  we 
will  in  our  place  endeavor  to  retribute,  not  doubting  that 
such  mutual  intercourse  may  be  effected  since  a  good 
beginning  thereof  is  already  made  on  both  sides  by  the 
friendly  reception  of  the  vessels  that  have  arrived  in 
either  countries. 

In  further  testimony  of  our  most  attentive  obsequious- 
ness and  sincere  attachment,  we  have  deputed  our  citi- 
zen, John  Abraham  de  Boor,  who  is  charged  with  the 
concerns  of  a  considerable  merchant  house,  who,  like 
several  other  merchant  houses  of  good  report  and  solidity 
in  this  city,  are  desirous  of  entering  with  merchants  of 
your  countries  into  reciprocal  commerce.  He  is  to  have 
the  honor  to  present  to  your  High  Mightinesses  this  our 
most  obsequious  missive.  Wherefore  we  most  earnestly 
recommend  him  to  your  favorable  reception.  He  has  it 
from  us  in  express  charge  most  respectfully  to  give  your 


DIPLOMATIC  CORRESPONDENCE.  65 

High  Mightinesses,  if  required,  such  upright  and  accurate 
accounts  of  our  situation  and  constitutions,  as  may  be  de- 
pended upon,  and  at  the  same  time  in  person  to  testify 
the  assurance  of  the  most  perfect  respect  and  attach- 
ment, with  which  attentively  we  remain,  right  noble, 
high,  mighty,  most  honorable  lords,  your 
Most  obsequious  and  devoted, 

BURGOMASTERS  and  SENATE 
Of  the  imperial  free  city  of  the  Empire. 
Given  under  our  City  Seal  ) 
March  29,  1783.      $ 


SPECIFICATION  of  Goods,  more  profitably  to  be  drawn 
from  Hamburg  than  from  any  other  market,  viz : 

German  Cloths  of  every  quality  and  color,  the  ordinary 
sort  of  which  in  particular  to  be  had  cheaper  than  any 
where  else ;  and  the  Brabant  Cloth  we  have  at  first 
hand ;  all  sorts  of  Woollens  fit  for  lining,  such  as  Serges, 
&c.  and  a  kind  of  Baize,  near  like  the  English,  but 
29  per  cent,  cheaper. 

Cotton  Stuffs  of  every  kind,  manufactured  in  Germany. 

Flannels,  Friezes,  Blankets,  Woollen  Stockings  and  Caps. 

Thread  Stockings ;  Shoes  and  Slippers. 

All  sorts  of  Ribbands. 

Coarse  Linens,  such  as  Sack  Linen,  from  the  coarsest  to 
the  lightest  quality,  and  Saxonian  Sail  Cloth. 

Silesia  Diaper,  of  different  qualities  and  patterns. 

Loom  Dowlas ;  Sleeked  ditto ;  Rough  ditto ;  Quadruple 
Tandems ;  Brown    Silesias,   go  in  great  quantities  to 
London,  from  thence  they  go  exported  to  America. 
VOL.  i.— 9 


66  PRESIDENT  OF  CONGRESS. 

All  sorts  of  Striped  and  Chequered  Linens,  viz:  Bleach- 
ed Linens,  otherwise  called  fil  d'epreuve;  Arabias, 
Sailor's  Linens ;  Coutils. 

Westphalia  Linens,  at  various  prices,  viz:  Osnaburgs; 
Ticklenburgs ;  Ravensburgs  ;  Hessens ;  Wahrendorps; 
Bielefelds ;  Quadruples,  or  Brunswick. 

Silesia  Linens,  viz  :  Bretagnas ;  Plattillas  Royales  ; 
Creas  a  la  Morlaix ;  Rouens  Cholets ;  Estopilles,  or 
Cambricks.  Imitating  the  French  Linens  under  the 
same  denomination,  but  are  one-third  cheaper  here. 

Gingas ;  Tortillas,  fit  for  bedding. 

Handkerchiefs  of  all  colors,  &tc. 

Chintzes  and  Calicoes  of  various  patterns,  whole  pieces, 
as  well  as  for  gowns ;  likewise  white  Calicoes,  Hand- 
kerchiefs, &c. 

Russia  Duck ;  Ravensduck ;  Flaams ;  Cables ;  Cordage ; 
Anchors  ;  and,  in  short,  every  requisite  for  fitting  out 
ships. 

All  sorts  of  Goods  the  Danish  and  Swedish  East  India 
Companies  import  from  thence  and  China,  of  which 
the  chief  articles  are  Tea  and  SaltPetre;  Hartz;  Lead, 
which  always  comes  cheaper  than  the  English  ;  Small 
Shot ;  Tin  ;  Tin-plate ;  Steel ;  Iron  assorted ;  Scythes 
and  every  kind  of  coarse  Iron-ware;  Nails;  Needles; 
Iron-wire ;  Brass-wire,  &c. 

Paper  of  every  kind,  such  as  Writing-paper ;  Colored, 
Gilt  and  Silvered  Paper  ;  Paper  for  Tapestry,  &c. 

All  sorts  of  Bohemian  and  other  German  Glasses,  for 
Windows,  Looking-glasses,  Bottles,  Decanters,  Wine 
and  Beer  Glasses,  &c.  German  Earthenware,  China, 
&c.  Russia  Mats,  and  in  short  all  Russian  products ; 
Rhenish  Wine ;  Refined  Sugars ;  all  sorts  of  Haber- 


DIPLOMATIC  CORRESPONDENCE.  67 

dashery  ware,  which  are  made  very  good  and  cheap  in 
Germany. 

Toys  of  every  kind ;    besides  many  more  articles,  too 
prolix  to  be  specified. 


FROM    ELIAS    BOUDINOT,     PRESIDENT     OF    CONGRESS,     TO 

THE  HONORABLE  THE  BURGOMASTERS    AND  SENATE    OF 

THE  IMPERIAL  FREE  CITY,  HAMBURG. 

Princeton,  1st  November,  1783. 
Gentlemen, 

I  have  the  honor  of  acknowledging  the  receipt  of  your 
very  respectful  and  polite  letter  of  the  29th  of  March 
last,  by  the  hands  of  your  faithful  citizen  and  missionary, 
Mr.  De  Boor. 

Congress  received  this  very  generous  and  candid  com- 
munication with  all  that  pleasure  and  attention,  which 
so  great  proffers  of  friendship  from  the  honorable  the 
Burgomasters  and  Senate  of  the  imperial  free  city  of 
Hamburg,  justly  demanded  from  the  United  States  of 
America. 

Congress  did  not  delay  to  take  this  honorable  tender  of 
affection  and  esteem  of  the  worthy  Burgomasters  and 
Senate  under  their  immediate  just  consideration;  and 
I  am  now  honored  by  the  commands  of  Congress  to 
make  known  to  the  respectable  representatives  of  this 
great  and  imperial  city,  in  terms  expressive  of  "the 
most  sincere  regard,  the  high  satisfaction  with  which 
the  United  States  in  Congress  assembled,  received  the 
annunciation  of  their  friendship  and  attachment,  and  their 
affectionate  congratulations  on  the  establishment  of  the 
liberty  and  independence  of  the  United  States  of  America. 


68  PRESIDENT  OF  CONGRESS. 

That  having  founded  the  commercial  system  of  these 
States  on  the  basis  of  equality  and  reciprocity,  Congress 
will  cheerfully  meet  the  wishes  of  the  Burgomasters  and 
Senate  of  Hamburg,  and  unite  with  them  in  encourag- 
ing the  most  friendly  intercourse  between  the  citizens  of 
the  respective  countries,  on  such  liberal  principles  as  will 
best  promote  their  mutual  advantage  and  prosperity ;  and 
that  it  is  the  earnest  prayer  of  the  United  States  in  Con- 
gress assembled,  that  the  imperial  free  city  of  Hamburg, 
may  continue  to  increase  in  commerce  and  splendor  and 
be  blest  with  uninterrupted  tranquillity." 

It  is  with  the  most  sensible  pleasure  I  make  this  com- 
munication, and  hope  and  pray  that  a  solid  foundation 
will  be  laid  for  the  firm  establishment  of  friendship  and 
communion  between  the  citizens  of  our  republics. 

May  God  Almighty  keep  the  honorable  Burgomasters 
and  Senate  of  the  imperial  free  city,  Hamburg,  in  his 
holy  protection. 

I  have  the  honor  to  be,  &c. 

E.  B. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 

October  29th,  1783. 

"On  the  report  of  a  committee,  consisting  of  Mr.  S. 
Huntingdon,  Mr.  Lee,  and  Mr.  Duane,  to  whom  was  re- 
ferred a -letter  from  the  Burgomasters  and  Senate  of  the 
imperial  free  city  of  Hamburg. 

Resolved,  That  the  President,  in  terms  expressive  of 
the  most  sincere  regard  communicate  to  the  Burgomas- 
ters and  Senate  of  the  imperial  free  city  of  Hamburg, 
the  high  satisfaction  with  which  the  United  States  in 


DIPLOMATIC  CORRESPONDENCE.  69 

Congress  assembled  are  impressed  by  the  annunciation  of 
their  friendship  and  attachment  and  their  affectionate  con- 
gratulations on  the  establishment  of  the  liberty  and  inde- 
pendence of  the  United  States  of  America.  That  hav- 
ing founded  the  commercial  system  of  these  States  on 
the  basis  of  equality  and  reciprocity,  Congress  will 
cheerfully  meet  the  wishes  of  the  Burgomasters  and  Se- 
nate of  Hamburg,  and  unite  with  them  in  encouraging 
the  most  friendly  intercourse  between  the  citizens  of  the 
respective  countries  on  such  liberal  principles  as  will  best 
promote  their  mutual  advantage  and  prosperity ;  and  that 
it  is  the  earnest  prayer  of  the  United  States  in  Congress 
assembled,  that  the  imperial  free  city  of  Hamburg  may 
continue  to  increase  in  commerce  and  splendor,  and  be 
blessed  with  uninterrupted  tranquillity. 

Resolved,  That  a  committee  he  appointed  to  confer 
with  Mr.  John  Abraham  de  Boor,  charged  by  the  said 
Burgomasters  and  Senate  with  their  said  letter  to  Con- 
gress, on  the  subject  matter  thereof;  and  that  a  copy  of 
these  resolutions  be  transmitted  to  Mr.  De  Boor." 


FROM   THOMAS    MIFFLIN,     PRESIDENT    OF    CONGRESS,     TO 
THE  MINISTER  OF  FRANCE. 

Annapolis,  December  24th,  1783. 
Sir, 

I  have  the  honor  to  inform  you,  that  yesterday  at 
twelve  o'clock,  his  Excellency  General  Washington  has 
had  a  public  audience  of  Congress  when  he  resigned  his 
commission,  and  took  a  solemn  leave  of  public  life.  I 


70  PRESIDENT  OF  CONGRESS. 

enclose  to  your  Excellency,  a  copy  of  the  General's  ad- 
dress to  Congress  and  a  copy  of  their  answer. 

I  am  with  the  highest  respect,  &c. 

THOMAS  MIFFLIN. 

N.  B.  A  similar  letter  enclosing  a  copy  of  the  Gen- 
eral's address  to  Congress,  and  a  copy  of  their  answer 
was  written  to  his  Excellency,  the  Minister  of  the  United 
Netherlands. 


Extract  from  the  Journals  of  Congress,  December  23d, 
1783. 

"  According  to  order,  his  Excellency  the  Commander 
in  Chief  was  admitted  to  a  public  audience,  and  being 
seated,  the  President,  after  a  pause,  informed  him,  that 
the  United  States  in  Congress  assembled,  were  prepared 
to  receive  his  communications :  whereupon,  he  arose  and 
addressed  the  Chair  as  follows : 
Mr.  President, 

The  great  events  on  which  my  resignation  depended, 
having  at  length  taken  place,  I  have  now  the  honor  of 
offering  my  sincere  congratulations  to  Congress,  and  of 
presenting  myself  before  them,  to  surrender  into  their 
hands  the  trust  committed  to  me  and  to  claim  the  indul- 
gence of  retiring  from  the  service  of  my  country. 

Happy  in  the  confirmation  of  our  independence  and 
sovereignty,  and  pleased  with  the  opportunity  afforded 
the  United  States,  of  becoming  a  respectable  nation,  I  re- 
sign with  satisfaction  the  appointment  I  accepted  with  dif- 
fidence ;  a  diffidence  in  my  abilities  to  accomplish  so  ar- 
duous a  task ;  which,  however,  was  superseded  by  a  con- 


DIPLOMATIC  CORRESPONDENCE.  71 

fidence  in  the  rectitude  of  our  cause,  the  support  of  the 
supreme  power  of  the  Union,  and  the  patronage  of  Heaven. 

The  successful  termination  of  the  war  has  verified  the 
most  sanguine  expectations ;  and  my  gratitude  for  the  in- 
terposition of  Providence,  and  the  assistance  I  have  re- 
ceived from  my  countrymen,  increases  with  every  review 
of  the  momentous  contest. 

While  I  repeat  my  obligations  to  the  army  in  general,  I 
should  do  injustice  to  my  own  feelings  not  to  acknowledge 
in  this  place,  the  peculiar  services  and  distinguished  merits 
of  the  gentlemen  who  have  been  attached  to  my  person 
during  the  war.  It  was  impossible  the  choice  of  confi- 
dential officers  to  compose  my  family  should  have  been 
more  fortunate.  Permit  me,  sir,  to  recommend  in  par- 
ticular, those  who  have  continued  in  the  service  to  the 
present  moment,  as  worthy  of  the  favorable  notice  and 
patronage  of  Congress. 

I  consider  it  an  indispensable  duty  to  close  this  last  act 
of  my  official  life  by  commending  the  interests  of  our 
dearest  country  to  the  protection  of  Almighty  God,  and 
those  who  have  the  superintendence  of  them  to  his  holy 
keeping. 

Having  now  finished  the  work  assigned  me,  I  retire 
from  the  great  theatre  of  action,  and  bidding  an  affection- 
ate farewell  to  this  august  body,  under  whose  orders  I 
have  so  long  acted,  I  here  offer  my  commission,  and  take 
my  leave  of  all  the  employments  of  public  life. 

He  then  advanced  and  delivered  to  the  President  his 
commission,  with  a  copy  of  his  address,  and  having  re- 
sumed his  place,  the  President  returned  him  the  following 
answer : 


72  PRESIDENT  OF  CONGRESS. 

Sir, 

The  United  States  in  Congress  assembled,  receive  with 
emotions,  too  affecting  for  utterance,  the  solemn  resigna- 
tion of  the  authorities  under  which  you  have  led  their 
troops  with  success  through  a  perilous  and  doubtful  war. 
Called  upon  by  your  country  to  defend  its  invaded  rights, 
you  accepted  the  sacred  charge,  before  it  had  formed  al- 
liances, and  whilst  it  was  without  funds  or  a  government 
to  support  you.  You  have  conducted  the  great  military 
contest  with  wisdom  and  fortitude,  invariably  regarding 
the  rights  of  the  civil  power  through  all  disasters  and 
changes.  You  have,  by  the  love  and  confidence  of  your 
fellow  citizens,  enabled  them  to  display  their  martial 
genius,  and  transmit  their  fame  to  posterity.  You  have 
persevered,  till  these  United  States,  aided  by  a  magnani- 
mous King  and  nation,  have  been  enabled,  under  a  •  just 
Providence,  to  close  the  war  in  freedom,  safety  and  inde- 
pendence; on  which  happy  event,  we  sincerely  join  you 
in  congratulations. 

Having  defended  the  standard  of  liberty  in  this  new 
world :  having  taught  a  lesson  useful  to  those  who  inflict, 
and  to  those  who  feel  oppression,  you  retire  from  the 
great  theatre  of  action,  with  the  blessings  of  your  fellow 
citizens ;  but  the  glory  of  your  virtues  will  not  terminate 
with  your  military  command,  it  will  continue  to  animate 
remotest  ages. 

We  feel  with  you  our  obligations  to  the  army  in  gene- 
ral, and  will  particularly  charge  ourselves  with  the  in- 
terests of  those  confidential  officers,  who  have  attended 
your  person  to  this  affecting  moment. 

We  join  you  in  commending  the  interests  .of  our 
dearest  country  to  the  protection  of  Almighty  God,  be- 


DIPLOMATIC  CORRESPONDENCE.  73 

seeching  him  to  dispose  the  hearts  and  minds  of  its  citi- 
zens, to  improve  the  opportunity  afforded  them,  of  be- 
coming a  happy  and  respectable  nation,  and  for  you  we 
address  to  him  our  earnest  prayers,  that  a  life  so  beloved, 
may  be  fostered  with  all  his  care ;  that  your  days  may 
be  happy  as  they  have  been  illustrious ;  and  that  he  will 
finally  give  you  that  reward  which  this  world  cannot 
give." 


FROM    THOMAS    MIFFLIN,    PRESIDENT    OF    CONGRESS,     TO 
THE  MINISTER  OF  FRANCE. 

Annapolis,  January  14,  1784. 
Sir, 

This  day  nine  States  being  represented  in  Congress, 
viz:  Massachusetts,  Rhode  Island,  Connecticut,  Penn- 
sylvania, Delaware,  Maryland,  Virginia,  North  Carolina 
and  South  Carolina,  together  with  one  member  from  New 
Hampshire  and  one  member  from  New  Jersey,  the  treaty 
of  peace  was  ratified  by  the  unanimous  vote  of  the  mem- 
bers. This  being  done,  Congress,  by  an  unanimous  vote, 
ordered  a  proclamation  to  be  issued,  enjoining  the  strict 
and  faithful  observance  thereof,  and  published  an  earnest 
recommendation  to  the  several  States  in  the  very  words 
of  the  fifth  article. 

Congress  have  appointed  Colonel  Josiah  Harmar,  my 
private  Secretary,  to  carry  the  ratification  to  our  Minis- 
ters at  Paris,  and  I  have  instructed  him  to  pursue  the 
route  marked  by  your  Excellency's  letter  of  the  10th  in- 
stant, and  upon  meeting  you,  to  wait  for  such  commands 
as  you  may  be  pleased  to  honor  him  with.  Let  me  en- 
VOL.  i.— 10 


74  PRESIDENT  OF  CONGRESS. 

treat  your  Excellency  to  give  Colonel  Harmar  a  recom- 
mendatory letter  to  the  Captain  of  the  packet  boat  at 
New  York,  that  he  may  have,  upon  his  arrival  in  France, 
the  most  expeditious  means  provided  for  his  journey  to 
Paris. 

I  will  employ  a  proper  person  to  secure  two  or  three 
comfortable  rooms  for  you,  and  if  I  can  be  so  happy  as 
to  hear  of  your  arrival  at  Baltimore,  I  will  take  care  that 
a  person  shall  be  on  the  road,  near  Annapolis,  to  conduct 
you  to  the  house  which  may  be  provided  for  you. 
I  am  with  the  highest  respect,  &c. 

THOMAS  MIFFLIN. 

—»»•••*— 

FROM     THOMAS    MIFFLIN,    PRESIDENT    OF    CONGRESS,    TO 
BENJAMIN  FRANKLIN,  JOHN  ADAMS  AND  JOHN  JAY. 

Annapolis,  January  14,  1784. 
Gentlemen, 

This  day  nine  States  being  represented,  viz:  Massa- 
chusetts, Rhode  Island,  Connecticut,  Pennsylvania,  Del- 
aware, Maryland,  Virginia,  North  Carolina  and  South 
Carolina,  together  with  one  member  from  New  Hamp- 
shire, and  one  member  from  New  Jersey,  the  treaty  of 
peace  was  ratified  by  the  unanimous  vote  of  the  members. 
This  being  done,  Congress,  by  an  unanimous  vote,  order- 
ed a  proclamation  to  be  issued,  enjoining  the  strict  and 
faithful  observance  thereof,  and  published  an  earnest  re- 
commendation to  the  several  States,  in  the  very  words  of 
the  fifth  article. 

They  have  likewise  resolved,  that  the  ratification  of 
the  treaty  of  peace  shall  be  sent  by  a  proper  person  to 
our  commissioners  at  Paris,  to  be  exchanged,  and  have 


DIPLOMATIC  CORRESPONDENCE.  75 

appointed  Colonel  Josiah  Harmar  to  that  service.  He 
will  have  the  honor  of  delivering  to  you  the  ratification, 
together  with  copies  of  the  proclamation  of  Congress, 
and  of  their  recommendation  to  the  States,  conformably 
to  the  5th  article. 

I  take  the  liberty  of  recommending  Colonel  Harmar  as 
a  brave  and  deserving  officer,  and  am  with  the  highest 
respect  and  esteem, 

Gentlemen,  your  most  obedient,  &c. 

THOMAS  MIFFLIN. 


By  the  United  States,  in  Congress  assembled, 

A  PROCLAMATION. 

Whereas,  definitive  articles  of  peace  and  friendship  be- 
tween the  United  States  of  America,  and  his  Britannic 
majesty,  were  concluded  and  signed  at  Paris,  on  the  third 
day  of  September,  1783,  by  the  plenipotentiaries  of  the 
said  United  States  and  of  his  said  Britannic  Majesty, 
duly  and  respectively  authorized  for  that  purpose,  which 
definitive  articles  are  in  the  words  following  :  (see  Treaty, 
Journals  of  Congress,  Vol.  iv.  p.  323.)  and  we  the 
United  States  in  Congress  assembled,  having  seen  and 
duly  considered  the  definitive  articles  aforesaid,  did,  by  a 
certain  act  under  the  seal  of  the  United  States  bearing 
date  this  14th  day  of  January,  1784,  approve,  ratify  and 
confirm  the  same  and  every  part  and  clause  thereof,  engag- 
ing and  promising  that  we  would  sincerely  and  faithfully 
perform  and  observe  the  same,  and  never  suffer  them  to 
be  violated  by  any  one  or  transgressed  in  any  manner 
as  far  as  should  be  in  our  power;  and  being  sincerely 


76  PRESIDENT  OF  CONGRESS. 

disposed  to  carry  the  said  articles  into  execution,  truly , 
honestly  and  with  good  faith,  according  to  the  intent  and 
meaning  thereof,  we  have  thought  proper  by  these  pre- 
sents, to  notify  the  premises  to  all  the  good  citizens  of 
these  United  States,  hereby  requiring  and  enjoining  all 
bodies  of  magistracy,  legislative,  executive  and  judiciary, 
all  persons  bearing  office,  civil  or  military  of  whatever 
rank,  degree  or  power,  and  all  others  the  good  citizens 
of  these  States  of  every  vocation  and  condition,  that,  re- 
verencing those  stipulations  entered  into  on  their  behalf 
under  the  authority  of  that  federal  bond  by  which  their 
existence  as  an  independent  people  is  bound  up  together, 
and  is  known  and  acknowledged  by  the  nations  of  the 
world,  and  with  that  good  faith,  which  is  every  man's 
surest  guide,  within  their  several  offices,  jurisdictions  and 
vocations,  they  carry  into  effect,  the  said  definitive 
articles  and  every  clause  and  sentence  thereof  sincerely, 
strictly  and  completely.  Given  under  the  seal  of  the 
United  States.  Witness  his  Excellency  Thomas  Mifflin, 
our  President,  at  Annapolis  this  14th  day  of  January  in 
the  year  of  our  Lord,  one  thousand  seven  hundred  and 
eighty  four,  and  of  the  sovereignty  and  independence  of 
the  United  States  of  America,  the  eighth. 


DIPLOMATIC  CORRESPONDENCE.  77 


FROM    THOMAS    MIFFLIN,    PRESIDENT    OF    CONGRESS,    TO 
BENJAMIN  FRANKLIN  AND  JOHN  ADAMS,  PARIS. 

Annapolis,  March  20,  1784. 
Gentlemen, 

I  have  the  honor  to  transmit  to  you  an  act  of  Congress 
of  the  16th  inst.,  together  with  copies  of  several  papers 
to  which  that  act  refers. 

I  am,  with  the  greatest  respect,  &c. 

THOMAS  MIFFLIN. 


Act  of  Congress.     Tuesday,  March  16,  1784. 

"  Congress  assembled  ;  present  as  yesterday. 

On  the  report  of  a  Committee,  consisting  of  Mr.  Ger- 
ry, Mr.  Jefferson,  Mr.  Sherman,  Mr.  Read,  and  Mr.  Wil- 
liamson, to  whom  were  referred  a  letter  of  November  1st, 
and  one  of  December  25th,  from  Dr.  Franklin,  with  sun- 
dry papers  enclosed,  together  with  a  letter  of  20th  Oc- 
tober, and  one  of  14th  November,  from  Thomas  Barclay, 

Resolved,  That  it  is  inconsistent  with  the  interest  of 
the  United  States,  to  appoint  any  person  not  a  citizen 
thereof,  to  the  office  of  Minister,  Charge  d' Affaires,  Con- 
sul, Vice  Consul,  or  to  any  other  civil  department  in  a 
foreign  country,  and  that  a  copy  of  this  resolve  be  trans- 
mitted to  Messrs.  Adams,  Franklin  and  Jay,  Ministers  of 
the  said  States  in  Europe. 

That  the  said  Ministers  be  instructed  to  inform  Mr. 
William  Hodgden,  merchant  of  London,  that  Congress 
have  a  grateful  sense  of  his  benevolent  and  humane  at- 
tention to  the  citizens  of  these  United  States,  who  were 
prisoners  in  Great  Britain  during  the  late  war. 


78  PRESIDENT  OF   CONGRESS. 

That  a  copy  of  the  application  of  the  Danish  Minister 
to  Doctor  Franklin,  and  of  a  paragraph  of  his  letter  to 
Congress,  on  the  subject  of  the  capture  of  the  Danish 
ship  Providentia,  be  sent  to  the  Supreme  Executive  of 
Massachusetts,  who  are  requested  to  order  duplicate  and 
authentic  copies  of  the  proceedings  of  their  Court  of 
Admiralty,  respecting  the  said  ship  and  cargo,  to  be  sent 
to  Congress. 

That  a  copy  of  all  the  letters  from  Mr.  Robert  Mont- 
gomery of  Alicant,  with  their  enclosures,  to  Congress, 
and  the  Secretary  for  Foreign  Affairs,  be  transmitted  to 
the  said  Ministers,  who  are  instructed  to  inquire  on  what 
grounds  Mr.  Montgomery  has  undertaken  to  write  in  the 
name  of  the  United  States  to  the  Emperor  of  Morocco, 
a  letter  by  which  their  character  and  interest  may  be  so 
materially  affected,  and  to  take  such  measures  thereon  as 
may  be  proper  and  consistent  with  the  interest  of  the 
said  States. 

That  a  copy  of  a  letter  from  Thomas  Barclay,  Consul 
of  the  United  States  in  France,  of  the  20th  of  October 
last,  to  Congress,  be  transmitted  to  the  said  Ministers, 
who  are  instructed  to  take  necessary  measures  for  obtain- 
ing free  ports  in  that  kingdom,  one  or  more  on  the  Atlan- 
tic, and  one  on  the  Mediterranean." 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 

February  11,  1784. 

"  The  Committee,  consisting  of  Mr.  Ellery,  Mr. 
Jefferson,  and  Mr.  Lee,  to  whom  was  referred  a  note 
from  the  honorable  the  Minister  of  France,  dated  30th 
January,  informing  that  "  his  Most  Christian  Majesty, 


DIPLOMATIC  CORRESPONDENCE.  79 

from  a  desire  to  favor  the  progress  of  commerce  between 
his  realm  and  these  United  States,  has  nominated  four 
Consuls  and  five  Vice  Consuls  to  reside  in  the  towns  of 
this  continent  where  he  has  judged  their  presence  to  be 
necessary ;  and  that  he  has  appointed  Mr.  de  Marbois 
Consul  General  of  the  thirteen  United  States,"  report : 

That  they  have  conferred  with  Mr.  de  Marbois,  who 
produced  to  them  four  commissions  for  the  said  Consuls, 
and  five  brevets  for  the  Vice  Consuls,  whereby  it  appears 
that  the  said  Sieur  de  Marbois  is  appointed  Consul  Gen- 
eral of  France  for  the  thirteen  United  States  of  America. 
The  Sieur  de  L'Etombe,  Consul  of  France,  for  the  States 
of  New  Hampshire,  Massachusetts,  and  Rhode  Island ; 
the  Sieur  de  St.  Jean  de  Crevecoeur,  Consul  of  France, 
for  the  States  of  Connecticut,  New  York,  and  New 
Jersey ;  the  said  Sieur  de  Marbois,  Consul  of  France, 
for  the  States  of  Pennsylvania  and  Delaware,  and  the 
Chevalier  D'Annemours,  Consul  of  France,  for  Mary- 
land and  Virginia.  Also,  that  the  Sieur  Toscan  is  ap- 
pointed Vice  Consul  at  Portsmouth,  in  New  Hampshire ; 
the  Sieur  de  Marbois  Vice  Consul  at  Rhode  Island ; 
the  Sieur  Oster,  Vice  Consul  at  Richmond,  in  Virginia ; 
the  Sieur  Petry,  Vice  Consul  at  Wilmington,  in  North 
Carolina,  and  the  Sieur  de  la  For£t,  Vice  Consul  at 
Savannah,  in  Georgia  :  Whereupon — 

Resolved,  That  the  commissions  and  brevets  of  the 
said  officers  be  registered  in  the  Secretary's  Office ;  and 
that  thereupon  acts  of  recognition,  in  due  form,  be  imme- 
diately issued  to  the  States  concerned,  in  order  that  they 
may  furnish  them  respectively  with  their  Exequatur  or 
notification  of  their  quality,  that  the  same  may  be  made 
known  and  published." 


80  PRESIDENT  OF  CONGRESS. 


FROM    BENJAMIN  FRANKLIN,   TO  THE  PRESIDENT    OF 
CONGRESS. 

Passy,   November  1,  1783. 

Sir, 

Enclosed  is  a  copy  of  my  last,  which  went  by  the 
English  packet.  I  heard  after  I  wrote  it,  that  the  French 
packet  putting  back  by  contrary  winds,  Mr.  Thaxter 
had  an  opportunity  of  getting  on  board  her,  and  that  she 
sailed  the  26th  September.  The  mentioned  new  com- 
mission is  not  yet  come  to  hand.  Mr.  Hartley  is  not  re- 
turned, and  I  hear,  will  stay  for  the  meeting  of  Parlia- 
ment, which  is  to  be  the  llth  instant,  and  will  not  come 
hither  till  the  recess  for  the  Christmas  holidays. 

Mr.  Jay  went  to  England  about  three  weeks  since  on 
some  personal  affairs,  and  Mr.  Adams  followed  last  week 
to  see  that  country,  and  take  some  exercise  during  this 
vacancy  of  business. 

This  court  is  now  at  Fontainbleau,  but  will  return  to 
Versailles  in  a  few  days.  Its  good  disposition  towards  us 
continues.  The  late  failure  of  payment  in  the  Caisse  d' 
Escompte,  an  institution  similar  to  the  Bank  of  England, 
occasioned  partly  by  its  having  gone  too  far  in  assisting 
the  Government  with  money,  and  the  inability  of  the 
government  to  support  their  credit,  though  extremely 
desirous  of  doing  it,  is  a  fresh  proof  that  our  not  obtain- 
ing a  farther  loan  was  not  occasioned  by  want  of  good 
will  to  assist  us,  as  some  have  unjustly  supposed,  but  by 
a  real  want  of  the  means.  Money  is  at  present  unac- 
countably scarce  here ;  what  is  arrived  and  expected  in 
Spain  since  the  peace,  it  is  thought  will  set  things  to 
rights.  The  government  has  proposed  a  second  lottery 


DIPLOMATIC  CORRESPONDENCE.  81 

for  this  year,  by  which  they  borrow  twenty-four  millions, 
and  is  filled  readily.  This  helps,  and  the  Caisse  d'  Es- 
compte  goes  on  again  with  its  operations  ;  but  it  is  said  the 
interest  paid  by  the  lottery  plan  is  nearly  seven  per  cent. 

I  have  received  the  duplicate  of  your  Excellency's 
letter  of  the  15th  July  to  the  Commissioners,  which  is 
very  satisfactory,  though  it  came  to  hand  but  lately. 
The  first,  sent  via  New- York,  has  not  yet  appeared.  I 
have  sent  copies  of  it  to  the  Hague  and  Madrid.  The 
substance  is  published  in  several  papers. 

I  have  acquainted  the  Minister  of  Sweden,  that  I  have 
received  the  ratification  of  the  treaty,  and  he  has  written 
to  me  that  he  shall  be  in  town  in  a  few  days,  when  he 
will  make  the  exchange.  The  conclusion  of  the  Danish 
treaty  waits  only  for  the  commission  and  instructions  from 
Congress.  The  ambassador  of  Portugal  informed  me 
lately  that  his  Court  had  our  proposed  plan  under  consi- 
deration and  that  we  should  soon  hear  from  them.  I  sent 
it  to  Congress  by  Barney,  and  hear  the  ship  is  arrived. 
A  commission  and  instructions  will  be  wanting  for  that  al- 
so, should  the  Congress  be  disposed  to  conclude  a  treaty 
with  that  nation. 

I  see  by  the  public  prints  that  the  Congress  have  rati- 
fied the  contract  I  made  with  the  minister  here  respect- 
ing the  loans  and  aids  we  had  received ;  but  the  ratifica- 
tion itself,  though  directed  to  be  sent  to  me,  has  never 
come  to  hand,  and  I  am  often  asked  for  it.  I  beg  it  may 
be  forwarded  by  the  first  opportunity. 

There  has  been  with  me  lately,  Mr.  Pierre  du  Calvet, 

a  merchant  of  Montreal,  who  when  our  army  was  in 

Canada  furnished  our  Generals  and  officers  with  many 

things  they  wanted,  taking  their  receipts  and  promissory 

VOL.  i.— 11 


82  PRESIDENT  OF  CONGRESS. 

notes  for  payment,  and  when  the  English  repossessed 
the  country,  he  was  imprisoned  and  his  estate  seized,  on 
account  of  the  services  he  had  rendered  us.  He  has 
shewn  me  the  originals  of  his  papers,  which  I  think  are 
genuine.  He  produced  also,  a  quantity  of  Congress  pa- 
per, which  he  says  he  received  in  payment  for  some  of 
the  supplies,  and  which  appeared  to  me  of  our  first  emis- 
sions, and  yet  all  fresh  and  clean,  as  having  passed 
through  no  other  hands.  When  he  was  discharged  from 
prison,  he  could  not  obtain  permission  to  go  to  the  United 
States  to  claim  the  debt,  but  was  allowed  to  go  to  Eng- 
land, and  from  thence  he  came  hither,  to  solicit  payment 
from  me  ;  having  no  authority  to  meddle  with  such  debts, 
and  the  sum  being  considerable,  I  refused  and  advised 
him  to  take  passage  for  America,  and  make  his  applica- 
tion to  Congress.  He  said  he  was  grown  old,  much  bro- 
ken and  weakened  by  near  three  years  imprisonment,  and 
the  voyage  from  Canada  to  London  had  like  to  have  been 
too  much  for  him,  he  being  sick  all  the  way,  so  that  he 
could  not  think  of  another,  though  distressed  for  want  of 
his  money.  He  appears  an  honest  man,  and  his  case  a 
hard  one.  I  have,  therefore,  undertaken  to  forward  his 
papers,*  and  I  beg  leave  to  recommend  them  to  the  speedy 
consideration  of  Congress,  to  whom  I  request  you  would 
be  pleased  to  present  my  dutiful  respects,  and  assure 
them  of  my  most  faithful  services. 

With  great  esteem  and  regard,  &c. 

BENJAMIN  FRANKLIN. 


*  Missing. 


DIPLOMATIC  CORRESPONDENCE.  83 


FROM   BENJAMIN    FRANKLIN    TO    THE   PRESIDENT  OF 
CONGRESS. 

Passy,    December  25,  1783. 
Sir, 

Not  having  heard  of  the  appointment  of  a  new  Secre- 
tary for  foreign  Affairs,  I  take  the  liberty  of  addressing 
this  despatch  directly  to  your  Excellency. 

I  received  by  Captain  Barney  a  letter  from  the  late 
President,  directed  to  the  Commissioners  dated  Novem- 
ber 1st.,  with  a  set  of  instructions  dated  the  29th  of  Octo- 
ber, a  resolution  of  the  same  date  respecting  Hamburg, 
and  another  of  the  1st  November  relating  to  Captain 
Paul  Jones  all  which  will  be  duly  regarded.  Capt.  Jones, 
in  passing  through  England,  communicated  these  papers  to 
Mr.  Adams,  then  at  London.  Mr.  Adams,  disappointed 
in  not  finding  among  them  the  commission  we  had  been 
made  to  expect,  empowering  us  to  make  a  treaty  of 
commerce  with  England,  wrote  to  me,  that  he  imagined 
it  might  be  contained  in  a  packet  that  was  directed  to  me 
and  requested  to  be  immediately  informed,  adding,  that 
in  case  no  such  commission  was  come,  he  should  depart 
directly  for  Holland:  so  I  suppose  he  is  now  there.  Mr. 
Laurens  is  gone  to  England  with  an  intention  of  embark- 
ing for  America,  Mr.  Jay  is  at  Bath,  but  expected  here 
daily.  The  English  ministers  (the  Duke  of  Manchester 
and  Mr.  Hartley,)  are  both  at  present  in  Parliament.  As 
soon  as  either  of  them  returns,  we  shall  endeavor  to 
obtain  an  additional  article  to  the  treaty  explaining  that 
mentioned  in  the  instructions. 

The   affairs   of  Ireland   are   still  unsettled ;  the  Par- 


84  PRESIDENT  OF  CONGRESS. 

liament  and  volunteers  are  at  variance,  the  latter  are 
uneasy  that  in  the  late  negotiations  for  a  treaty  of  com- 
merce between  England  and  America,  the  British  Minis- 
ters made  no  mention  of  Ireland,  and  they  seem  to  desire 
a  separate  treaty  of  commerce  between  America  and 
that  kingdom. 

It  was  certainly  disagreeable  to  the  English  Ministers 
that  all  their  treaties  for  peace  were  carried  on  under  the 
eye  of  the  French  court.  This  began  to  appear  towards 
the  conclusion,  when  Mr.  Hartley  refused  going  to  Ver- 
sailles, to  sign  there  with  the  other  powers,  our  definitive 
treaty,  and  insisted  on  its  being  done  at  Paris,  which  we, 
in  good  humor,  complied  with,  but  at  an  earlier  hour, 
that  we  might  have  time  to  acquaint  Le  Comte  de 
Vergennes,  before  he  was  to  sign  with  the  Duke  of 
Manchester.  The  Dutch  definitive  treaty  was  not  then 
ready,  and  the  British  court  now  insisted  on  finishing  it 
either  at  London  or  the  Hague.  If,  therefore,  the  com- 
mission to  us,  which  has  been  so  long  delayed,  is  still 
intended,  perhaps  it  will  be  well  to  instruct  us  to  treat 
either  here  or  at  London,  as  we  may  find  most  con- 
venient, the  treaty  may  be  conducted  even  there,  in 
concert ;  and  in  the  confidence  of  communication  with 
the  ministers  of  our  friends,  whose  advice  may  be  of  use 
to  us. 

With  respect  to  the  British  Court,  we  should,  I  think, 
be  constantly  upon  our  guard,  and  impress  strongly  upon 
our  minds,  that  though  it  has  made  peace  with  us,  it  is 
not  in  truth  reconciled  either  to  us  or  to  its  loss  of  us, 
but  still  flatters  itself  with  hopes  that  some  change  in  the 
affairs  of  Europe,  or  some  disunion  among  ourselves  may 
afford  them  an  opportunity  of  recovering  their  dominion, 


DIPLOMATIC  CORRESPONDENCE.  85 

punishing  those  who  have  most  offended,  and  securing 
our  future  dependence.  It  is  easy  to  see  by  the  general 
turn  of  the  ministerial  newspapers  (light  things  indeed  as 
straws  and  feathers,  but  like  them,  they  shew  which  way 
the  wind  blows,)  and  by  the  malignant  improvement  their 
Ministers  make  in  all  the  foreign  courts,  of  every  little 
accident  or  dissension  among  us:  the  riots  of  a  few  sol- 
diers at  Philadelphia,  the  resolves  of  some  town  meetings, 
the  reluctance  to  pay  taxes,  &c.  &c.,  all  which  are 
exaggerated  to  represent  our  governments  as  so  many 
anarchies,  of  which  the  people  themselves  are  weary, 
the  Congress  as  having  lost  its  influence,  being  no  longer 
respected  ;  I  say  it  is  easy  to  see  from  this  conduct  that 
they  bear  us  no  good  will,  and  that  they  wish  the  reality 
of  what  they  are  pleased  to  imagine.  They  have,  too,  a 
numerous  royal  progeny  to  provide  for,  some  of  whom 
are  educated  in  the  military  line.  In  these  circumstances, 
we  cannot  be  too  careful  to  preserve  the  friendships 
we  have  acquired  abroad,  and  the  union  we  have  estab- 
lished at  home,  to  secure  our  credit  by  a  punctual  dis- 
charge of  our  obligations  of  every  kind,  and  our  reputa- 
tion by  the  wisdom  of  our  councils,  since  we  know  not 
how  soon  we  may  have  a  fresh  occasion  for  friends,  for 
credit  and  for  reputation. 

The  extravagant  misrepresentations  of  our  political 
state,  in  foreign  countries,  made  it  appear  necessary  to 
give  them  better  information,  which  I  thought  could  not 
be  more  effectually  and  authentically  done  than  by  pub- 
lishing a  translation  into  French,  now  the  most  general 
language  in  Europe,  of  the  book  of  Constitutions,  which 
had  been  printed  by  order  of  Congress ;  this  I  accordingly 
got  well  done,  and  presented  two  copies  handsomely 


86  PRESIDENT  OF  CONGRESS. 

bound  to  every  foreign  minister,  here,  one  for  himself, 
the  other  more  elegant,  for  his  sovereign.  It  has  been 
well  taken,  and  has  afforded  matter  of  surprise  to  many 
who  had  conceived  mean  ideas  of  the  state  of  civiliza- 
tion in  America,  and  could  not  have  expected  so  much 
political  knowledge  and  sagacity  had  existed  in  our 
wilderness  ;  and  from  all  parts  I  have  the  satisfaction  to 
hear  that  our  Constitutions  in  general  are  much  admired. 
I  am  persuaded  that  this  step  will  not  only  tend  to  pro- 
mote the  emigration  to  our  country  of  substantial  people 
from  all  parts  of  Europe,  by  the  numerous  copies  I  shall 
disperse,  but  will  facilitate  our  future  treaties  with  foreign 
courts,  who  could  not  before  know  what  kind  of  govern- 
ment and  people  they  had  to  treat  with.  As,  in  doing 
this,  I  have  endeavored  to  further  the  apparent  views  of 
Congress  in  the  first  publication,  I  hope  it  may  be 
approved  and  the  expense  allowed.  I  send  herewith  one 
of  the  copies. 

Our  treaties  with  Denmark  and  Portugal  remain  un- 
finished for  want  of  instructions  respecting  them  from 
Congress,  and  a  commission  empowering  some  Minister 
or  Ministers  to  conclude  them. 

The  Emperor  of  Morocco,  we  understand,  has  ex- 
pressed a  disposition  to  make  a  treaty  of  amity  and  com- 
merce with  the  United  States.  A  Mr.  Montgomery, 
who  is  a  merchant  settled  at  Alicant,  has  been,  it  seems, 
rather  forward  in  proposing  a  negotiation  without  authority 
for  so  doing,  and  has  embarrassed  us  a  little,  as  may  be 
seen  by  some  letters  I  enclose.  Perhaps  it  would  be  well 
for  Congress  to  send  a  message  to  that  Prince,  expressing 
their  respect  and  regard  for  him,  till  such  time  as  they 
may  judge  it  convenient  to  appoint  an  ambassador  in 


DIPLOMATIC  CORRESPONDENCE.  Q7 

form,  furnished  with  proper  presents,  to  make  a  treaty 
with  him. 

The  other  Barbary  States,  too,  seem  to  require  con- 
sideration, if  we  propose  to  cany  on  any  trade  in  the 
Mediterranean,  but  whether  the  security  of  that  trade  is 
of  sufficient  importance  to  be  worth  purchasing,  at  the 
rate  of  the  tributes  usually  exacted  by  those  piratical 
States,  is  a  matter  of  doubt,  on  which  I  cannot  at  pre- 
sent form  a  judgment. 

I  shall  immediately  proceed,  in  pursuance  of  the  first 
instructions,  to  take  the  proper  steps  for  acquainting  his 
Imperial  Majesty  of  Germany,  with  the  disposition  of 
Congress,  having  some  reason  to  believe  the  overture  may 
be  acceptable.  His  Minister  here  is  of  late  extremely  civil 
to  me,  and  we  are  on  very  good  terms  ;  I  have  likewise 
an  intimate  friend  at  that  court.  With  respect  to  other 
powers,  it  seems  best  not  to  make  advances  at  present, 
but  to  meet  and  encourage  them  when  made,  which  I 
shall  not  fail  to  do,  as  I  have  already  done  with  those  of 
Sweden,  Denmark,  and  Portugal.  Possibly  Hamburg,  to 
whom  I  have  forwarded  the  letter  of  Congress,  may  send 
a  minister  to  America,  if  they  wish  for  a  treaty,  to  con- 
clude it  there.  They  have  no  Minister  here. 

I  have  lately  received  a  Memorial  from  the  Minister  of 
Denmark,  respecting  a  ship  of  that  nation,  the  Providen- 
tia,  taken  by  one  of  our  privateers,  and  carried  into  Bos- 
ton; I  enclose  a  copy  of  it,  and  request  to  be  furnished 
with  directions  and  informations  for  the  answer.  It  may 
be  well  to  send  me  a  copy  of  the  proceedings  in  the 
courts ;  from  a  perusal  of  the  papers  communicated  with 
it,  I  am  satisfied  that  the  cargo  was  clearly  British  pro- 
perty. We  have  hitherto  entered  into  no  engagements 


88  PRESIDENT  OF  CONGRESS. 

respecting  the  armed  neutrality,  and  in  obedience  to  the 
fifth  instruction,  shall  take  care  to  avoid  them  hereafter. 

The  treaty  between  this  Court  and  the  United  States, 
for  regulating  the  powers,  privileges,  &c.  of  Consuls,  is 
at  length  completed,  and  is  transcribing  in  order  to  be 
signed.  I  hope  to  transmit  a  copy  by  the  next  packet. 

I  have  received  the  Congress  ratification  of  the  two 
money  treaties,  which  will  be  soon  exchanged,  when  I 
shall  send  copies  of  them,  with  that  of  Sweden. 

I  have  given,  and  shall  continue  to  give  Captain  Paul 
Jones  all  the  assistance  in  my  power,  towards  recovering 
the  prize  money  ;  and  I  hope  it  may  be  soon  accomplish- 
ed. When  Mr.  Jay  returns,  I  shall  desire  him  to  make 
the  enquiry  directed  in  the  fourth  instruction,  respecting 
the  expedition  under  that  Commodore,  and  report  thereon 
to  Congress.  In  the  meantime  I  can  answer  respecting 
one  of  the  questions,  that  the  King  paid  the  whole  ex- 
pense, and  that  no  part  of  it  has  ever  been  placed  to  the 
account  of  Congress. 

There  exists  indeed  a  demand  of  one  Puchelberg,  a 
person  in  the  employ  of  Mr.  Schweighauser,  of  about 
thirty  thousand  livres,  for  provisions  and  other  things  fur- 
nished to  Captain  Landais,  after  he  took  the  Alliance  out 
of  the  hands  of  Captain  Jones ;  but,  as  the  ship  was  at 
that  time  under  the  King's  supply,  who,  having  borrowed 
her  for  the  expedition,  when  fitted  for  sea  and  just  ready 
to  sail  with  Mr.  Adams,  had  ordered  her  to  be  delivered 
in  the  same  condition,  free  of  all  charges,  accrued  or  ac- 
cruing by  her  being  in  Holland,  and  in  L'Orient;  and  as 
Mr.  Puchelberg  had  not  only  no  orders  from  me  to  fur- 
nish Captain  Landais,  but  acted  contrary  to  my  orders 
given  to  Mr.  Schweighauser,  and  contrary  to  the  orders 


DIPLOMATIC  CORRESPONDENCE.  89 

of  Mr.  Schweighauser  himself,  I  refused  to  pay  his 
account,  which,  besides,  appeared  extravagant,  and  it  has 
never  yet  been  paid. 

I  shall  do  my  best  in  executing  the  third  instruction, 
respecting  our  claim  upon  Denmark,  I  have  written  to 
London,  to  obtain,  if  possible,  an  account  of  the  sums  in- 
sured upon  the  ships  delivered  up,  as  such  an  account 
may  be  some  guide  in  the  valuation  of  the  prizes. 

A  Captain  Williams,  formerly  in  the  British  service, 
and  employed  upon  the  Lakes,  has  given  me  a  paper 
containing  information  of  the  state  of  the  back  country. 
As  those  informations  may  possibly  be  of  some  use,  I  send 
herewith  the  paper.* 

Mr.  Carmichael  has  sent  me  the  accounts  of  the  money 
transactions  at  Madrid ;  as  soon  as  Mr.  Jay  returns  they 
will  be  examined. 

Be  pleased  to  present  my  dutiful  respects  to  Congress, 
and  assure  them  of  my  most  faithful  services. 
With  great  esteem  and  regard,  &c. 

BENJAMIN  FRANKLIN. 


THOMAS  BARCLAY  TO  JOHN  JAY. 

L'Orient,  October  20,  1783. 
Sir, 

As  it  is  a  considerable  time  since  I  had  the  honor  of 
any  commands  from  the  Office  of  Foreign  Affairs,  I  have 
not  any  thing  to  reply  to.  The  readiness  of  this  Court 
to  establish  a  free  port  in  France,  agreeably  to  the  treaty 
with  America,  is  now  spoken  of;  and  I  believe,  if  any 

*  Missing. 

VOL.  i.— 12 


90  PRESIDENT  OF  CONGRESS. 

requisition  for  that  purpose  was  made  by  Congress,  or  by 
the  American  Ministers,  that  it  would  be  readily  complied 
with — therefore,  if  such  a  measure  is  thought  proper,  I 
would  recommend  that  the  port  of  L'Orient  should  be 
asked  as  the  one  better  adapted  to  the  views  of  the 
Americans  than  most  others,  and  superior  to  any  that 
there  is  a  probability  of  obtaining.  Indeed,  taking  every 
thing  together,  I  do  not  believe  a  more  commodious  situ- 
ation could  be  found,  especially  if  another  war  should 
break  out  between  America  and  Great  Britain. 

L'Orient  is  situated  in  the  Bay  of  Biscay,  between 
the  entrance  of  the  harbors  of  Brest  and  Nantes,  being 
25  leagues  nearly  south-east  of  the  former,  and  about  as 
much  to  the  north-west  of  the  latter,  west  longitude  from 
the  meridian  of  London  3°  22',  north  latitude  47°  55', 
and  about  8  miles  from  the  Isle  of  Groix,  which  forms 
the  entrance  of  the  harbor ;  it  is  defended  by  the  fort  at 
port  Louis,  2  English  miles  from  L'Orient,  where  ships  of 
war  can  pass  only  one  after  another,  and  so  near  the  fort  as 
to  be  completely  under  the  command  of  its  fire,  which, 
most  probably,  would  oblige  an  enemy's  vessel  to  ground. 
The  road  at  Port  Louis,  within  the  citadel,  is  not  capa- 
ble of  containing  more  than  two  or  three  ships  of  war, 
where  so  many  may  ride  at  the  moorings ;  but  a  greater 
number  would  be  in  danger,  if  it  blew  hard  from  the 
west  or  west  south  west.  Ships  that  draw  twenty-four 
feet  water  may  pass  up  to  the  harbor  of  L'Orient  with 
safety  ;  those  employed  in  the  China  trade  generally  re- 
quire from  twenty  to  twenty-two  feet,  and  no  accident 
has  been  known  to  happen  to  them.  The  harbor  is  ca- 
pacious ;  and  in  the  month  of  August,  1781,  there  arrived 
from  the  West  Indies  a  fleet  of  one  hundred  and  thirty- 


DIPLOMATIC  CORRESPONDENCE.  91 

five  sail,  at  a  time  when  there  was  a  remarkable  number 
of  foreign  vessels  there,  and  all  were  accommodated. 
The  town  may  be  said  to  be  divided  from  the  King's 
port,  where  the  men  of  war  are  built,  the  public  supplies 
of  all  kinds  kept,  and  the  arsenal  and  India  stores  situated. 
The  magazines  there  have  ever  been  much  at  the  com- 
mand of  the  Americans,  either  in  affording  them  recepta- 
cles for  the  cargoes  of  their  ships,  or  in  supplying  them 
with  whatever  materials  they  wanted  from  the  collections 
made  for  the  use  of  the  King.  This  port,  during  the 
war,  employed  about  four  thousand  workmen,  and  is 
under  the  direction  of  the  Marine  Minister,  represented 
by  the  Commandant  who  lives  on  the  spot,  and  who  con- 
form to  the  marine  ordinances;  the  number  of  troops 
generally  there  is  from  fifteen  hundred  to  three  thousand, 
from  whence  the  regiments  abroad  are  often  recruited. 
When  any  criminal  offence  is  committed  in  that  district, 
the  judges  of  the  admiralty  have  cognizance  thereof,  and 
in  their  decision  are  governed  by  the  laws  of  the  king- 
dom ;  but,  in  default  of  their  interference,  the  regal 
judges  at  Hennebon  may  interpose  and  bring  the  matter 
before  them. 

The  town  consists  of  about  twelve  hundred  houses,  and 
is  very  populous ;  the  number  of  inhabitants,  including 
the  soldiers  and  artificers  in  the  port,  said  to  be  near 
twenty  thousand. 

The  regulations  in  the  town  are  under  the  inspection  of 
the  Mayor  and  his  Council.  His  office,  which  is  pur- 
chasable, empowering  him  to  choose  such  Council ;  but 
neither  he  nor  they  can  interfere  in  criminal  cases,  which 
come  under  the  jurisdiction  of  the  judges  or  Senechals  of 
the  town,  who  decide  agreeable  to  the  law  and  ordinances. 


92  PRESIDENT  OF  CONGRESS. 

In  actions  of  debt,  those  that  are  laid  for  matters  in  a 
marine  department,  such  as  fitting  out  ships,  &c.,  the 
judges  of  the  admiralty  have  the  sole  decision  of;  all 
other  suits  for  debt  are  brought  before  the  three  Consuls 
of  the  town,  (one  of  whom  is  chosen  annually  by  a  select 
number  of  the  inhabitants,)  who  can  decide,  without  ap- 
peal, for  any  sum  not  exceeding  five  hundred  livres ; 
if  the  demand  exceeds  that,  an  appeal  lies  to  the  par- 
liament of  Rennes,  and  from  thence  to  the  King  and 
Council. 

L'Orient  had  the  exclusive  privilege  of  trading  to 
the  East  Indies ;  but  the  company  is  dissolved,  and  the 
King  has  permitted  three  ships  to  be  fitted  out  upon  ac- 
tions disposed  of  at  Marseilles,  Bordeaux,  Nantes,  and 
L'Orient,  and  each  place  has  a  right  to  nominate  a  direc- 
tor to  take  care  of  the  management  of  the  trade ;  this 
business,  however,  goes  on  very  heavily,  and  it  is  sup- 
posed the  India  commerce  will  return  to  its  old  channel, 
either  by  the  re-establishment  of  the  company,  or  by  con- 
fining the  trade  to  L'Orient.  The  place  is  conveniently 
situated  for  the  transportation  of  goods  from  the  other 
ports  of  France,  from  the  rivers  Garonne  and  Loire  par^ 
ticularly,  the  last  of  which  is  navigable,  for  large  boats  of 
a  particular  construction,  as  high  up  as  Orleans.  The 
freight  from  Bordeaux  is  no  more  than  from  ten  to  twelve 
livres  per  ton,  and  from  Nantes  six.  Nature  has  done  a 
great  deal  for  the  port  of  L'Orient,  and  very  extensive 
improvements  may  be  made,  if  the  encreasing  trade  of 
the  place  requires  it;  and  already  the  India  and  other 
stores  afford  conveniences  for  a  more  extended  commerce 
than  the  place  now  carries  on.  The  genius  of  the  peo- 
ple seems  adapted  to  business.  There  are  no  nobility  of 


DIPLOMATIC  CORRESPONDENCE.  93 

any  kind  living  among  them ;  and  any  person  keeping  a 
house  three  months  is  entitled  to  all  the  commercial  ad- 
vantages of  the  place.  The  greatest  objection  that  has 
been  made  is,  that  if  the  India  company  is  re-established, 
the  regulations  that  will  probably  exist,  respecting  their 
trade,  will  be  incompatible  with  those  of  a  free  port,  in 
the  extended  sense  of  the  word,  and  that  the  place  is 
already  too  considerable  to  admit  the  total  extinction  of 
all  its  duties.  To  the  first  it  may  be  replied,  that  although 
L' Orient  shall  be  declared  free,  it  may  be  with  the  lim- 
itation that  if  the  India  trade  again  centres  there,  the 
customary  duties  of  five  per  cent,  hitherto  paid  by  French 
subjects,  shall  be  continued ;  and  to  the  last,  that  the  ad- 
vantages by  the  country  will  far  over-balance  the  relin- 
quishment  of  the  present  imposts. 

I  have  been  applied  to  by  the  ministry  for  my  opinion 
of  what  would  be  agreeable  to  the  Americans  on  this 
subject ;  and  my  answer  was,  that,  so  far  as  I  could  ven- 
ture to  judge,  if  the  Court  intended  to  give  proper  en- 
couragement to  the  trade  of  the  two  countries,  it  would 
be  by  making  L'Orient  free  for  the  general  trade  of 
America — to  continue  Dunkirk  so,  for  that  to  the  chan- 
nel, &,c. — to  remove  the  few  restrictions  that  exist  at 
Marseilles,  for  the  sake  of  the  trade  to  the  Mediterranean — 
and  to  open  Bayonne,  on  account  of  the  commerce  that 
might  be  introduced  to  the  adjoining  parts  of  Spain.  At 
the  same  time  I  added,  that  I  looked  upon  L'Orient  as 
the  place  of  most  consequence,  and  that  it  would  be  ab- 
solutely necessary  to  abolish  the  transient  duties  paid  on 
the  transportation  of  manufactures  from  one  province  to 
another. 

Painbeuf,  Rochefort  and  Bayonne,  were  mentioned  ;  to 


94  PRESIDENT  OF  CONGRESS. 

which  I  objected,  that  Painbeuf  was  entirely  destitute  of 
accommodations  for  the  reception  or  expediting  of  goods, 
a  beach  without  quay,  wharf,  or  other  convenience  for 
landing — Rochefort  unhealthy  and  unprepared — Bayonne 
a  bar  harbor;  and  that  I  thought  the  concurrence  of  Con- 
gress would  be  necessary  before  any  port  was  absolutely 
fixed  on ;  and  I  have  the  pleasure  to  find  my  sentiments 
are  uniform  throughout  with  those  of  all  my  countrymen 
whom  I  have  consulted  on  this  important  point. 

The  Marquis  de  la  Fayette,  who  takes  a  kind  concern 
in  every  thing  relative  to  America,  wrote  some  tune  ago 
to  the  Count  de  Vergennes  to  know  what  the  Court  of 
France  intended,  respecting  the  extent  and  liberty  of 
the  free  port,  when  one  should  be  made  ;  to  which,  as 
nearly  as  I  recollect,  Mr.  De  Vergennes  answered,  that 
it  would  be  as  totally  free  in  its  commercial  regulations 
as  if  it  did  not  belong  to  the  kingdom. 

I  have  been  led  to  trouble  you  with  a  long  letter,  but 
I  hope  it  will  not  be  found  foreign  to  my  instructions  or 
duty,  and  conclude, 

Sir,  your  most  obedient,  &.c. 

THOMAS  BARCLAY. 


THOMAS  BARCLAY  TO  JOHN  JAY. 

L'Orient,  November  14,  1783. 
Sir, 

Having  had  the  honor  of  addressing  you  the  20th 
past,  on  the  subject  of  a  free  port  in  France,  I  must  call 
your  attention  again  to  a  very  important  matter,  in  which, 
if  Congress  have  not  hitherto  taken  some  measures,  I 
beg  leave  to  recommend  it  to  their  consideration.  I  mean 


DIPLOMATIC  CORRESPONDENCE.  95 

a  treaty  of  amity  with  the  several  States  on  the  coast  of 
Barbary,  where,  I  believe,  with  some  attention  and  the 
usual  presents  which  must  accompany  an  embassy  thither, 
the  American  trade  to  the  Mediterranean  might  be  put 
on  a  safe  and  respectable  footing,  in  place  of  the  very 
precarious  one  in  which  it  now  exists ;  during  a  stay  of  a 
few  days  that  I  lately  made  in  London,  a  person  who  had 
resided .  many  years  at  Mequinez,  was  recommended  to 
me,  as  a  proper  one,  to  give  me  some  information  con- 
cerning this  matter.  He  produced  testimonials  from  the 
Emperor,  attesting  the  goodness  of  his  character,  and 
offered  any  assistance  in  his  power  to  negotiate  an  alli- 
ance, either  by  going  to  Barbary,  to  know  the  precise 
terms  on  which  it  could  be  obtained,  or  by  accompanying, 
as  an  interpreter,  any  person  sent  on  this  business  by 
Congress.  He  said,  that  he  supposed  the  expense  of  the 
whole  of  the  presents  necessary  for  the  different  States 
might  be  about  two  thousand  pounds  sterling;  I  took  his 
directions,  in  case  there  should  be  occasion  to  employ 
him.  But  I  do  not  think  it  would  be  by  any  means  pro- 
per to  employ  him  or  any  other  person  as  a  principal  in 
the  service,  except  a  subject  of  the  United  States ;  and  I 
flatter  myself  that  Congress  have  already  ordered,  or  will 
very  soon  order,  some  of  their  servants  on  this  business, 
as  not  only  the  property  of  the  citizens  of  America,  but 
their  personal  liberty  depends  on  its  being  done,  and  I  know 
not  one  public  object  now  existing  of  more  importance. 

I  have  reason  to  believe  that  this  court  will  readily 
give  assistance  agreeably  to  the  treaty,  in  accomplishing 
this  very  essential  affair,  and  I  remain, 

Sir,  your  most  obedient,  &c. 

THOMAS  BARCLAY. 


96  PRESIDENT  OF  CONGRESS. 

Extract  from  the  Secret  Journal  of  Foreign  Affairs, 
April  16th  1784. 

"  The  Minister  Plenipotentiary  of  France  having  on 
the  6th  transmitted  to  Congress,  a  letter  dated  the  13th 
August,  1783,  from  his  most  Christian  Majesty,  in  an- 
swer to  their  letter  of  the  14th  June,  1779,  and  accom- 
panied the  same  with  a  memorial,  informing  Congress 
that  the  portraits  of  the  King  and  Queen  are  arrived  at 
Philadelphia;  that  he  has  orders  to  present  them  to  this 
assembly,  and  has  taken  the  measures  necessary  for  their 
safe  keeping  until  Congress  shall  be  ready  to  receive 
them;  the  said  letter  and  memorial  were  referred  to  the 
consideration  of  a  Committee. 

On  the  report  of  a  Committee,  consisting  of  Mr.  Gerry, 
Mr.  Jefferson  and  Mr.  Read,  to  whom  were  referred  the 
letter  of  the  13th  August,  from  his.  most  Christian  Ma- 
jesty, and  the  meiriorial  from  the  Honorable  the  Minis- 
ter Plenipotentiary  of  France, 

Resolved,  That  the  following  letter  be  signed  by  the 
President  in  behalf  of  the  United  States  in  Congress 
assembled,  and  transmitted  to  his  most  Christian  Majesty, 
in  answer  to  his  letter  accompanying  the  portraits  of  his 
Majesty  and  of  his  Royal  Consort,  which  he  has  been 
pleased  to  present  to  Congress  : 

Great,  faithful  and  beloved  Friend  and  Ally, 
Your  Majesty's  letter  of  the  13th  August  last,  has 
been  received  by  the  United  States,  in  Congress  assem- 
bled, with  a  degree  of  satisfaction  and  pleasure,  which 
those  only  can  conceive,  who,  to  the  highest  sentiments 
of  respect,  unite  feelings  of  the  most  affectionate  friendship. 


DIPLOMATIC  CORRESPONDENCE.  97 

The  portraits  of  your  Majesty,  and  of  your  Royal 
Consort,  having  arrived  at  Philadelphia,  have  been  care- 
fully preserved  by  your  faithful  Minister,  the  Chevalier 
de  la  Luzerne,  whose  attention  on  this,  as  on  all  other 
occasions,  merits  the  acknowledgements  of  Congress. 

These  lively  representations  of  our  august  and  most 
beloved  friends  will  be  placed  in  our  Council  Chamber, 
and  can  never  fail  of  exciting  in  the  minds  of  every 
American,  an  admiration  of  the  distinguished  virtues  and 
accomplishments  of  the  royal  originals. 

We  beseech  the  Supreme  Ruler  of  the  Universe  con- 
stantly to  keep  your  Majesty,  and  your  Royal  Consort, 
in  his  holy  protection,  and  to  render  the  blessings  of  your 
administration  as  extensive  as  the  objects  of  your  Ma- 
jesty's benevolent  principles. 

Done  at  Annapolis,  in  the  State  of  Maryland,  this  16th 
day  of  April,  1784,  by  the  United  States  in  Congress 
assembled. 

Your  faithful  Friends  and  Allies. 

Resolved,  That  the  President  inform  the  honorable 
Minister  of  France,  that  Congress  have  a  due  sense  of 
the  care  which  he  has  taken  for  preserving  the  portraits ; 
and  are  desirous  they  may  continue  in  his  possession  until 
proper  places  can  be  provided  for  them. 

That  a  letter  be  addressed  by  the  President  to  the 
Supreme  Executives  of  the  several  States,  informing 
them  of  the  intelligence  communicated  by  the  Minister 
of  France,  to  wit:  "That  his  most  Christian  Majesty 
has  determined  that  L'Orient  shall  be  a  free  port ;  and, 
although  the  edict  is  not  published,  may  be  so  considered 
by  the  Citizens  of  the  United  States.  And  that  the 
VOL.  i.— 13 


98  PRESIDENT  OF  CONGRESS. 

merchants  of  the  United  States  likewise  enjoy  the  liberty 
of  frequenting  the  ports  of  Marseilles  and  Dunkirk ;  and 
participate  as  other  nations,  the  franchises  and  privileges 
of  these  two  places." 

That  the  Minister  of  France,  in  answer  to  his  letter  of 
the  9th  instant,  requesting  to  know  what  measures  had 
been  taken  by  the  United  States  relative  to  the  payment 
of  the  portions  of  the  principal  and  interest  of  the  loan 
of  eighteen  millions  of  livres,  furnished  by  his  most  Chris- 
tian Majesty,  and  also  of  five  millions  of  florins  supplied  in 
Holland,  and  guarantied  by  his  Majesty,  be  informed, 
that  as  all  the  legislatures  have  not  yet  passed  on  the  re- 
commendation of  Congress,  of  the  13th  April,  1783,  for 
establishing  permanent  funds,  supplementary  requisitions 
on  the  States  will  be  adopted  to  provide  for  the  interest 
of  the  loans  aforesaid,  for  the  present  year ;  and  that  the 
greatest  care  will  be  taken  by  subsequent  measures  for 
the  punctual  payment  of  the  principal  and  interest,  as 
they  may  respectively  become  due,  according  to  the 
terms  of  the  several  contracts." 


TROM     THOMAS    MIFFLIN,    PRESIDENT    OF     CONGRESS,    TO 
THE    GOVERNORS    OF    STATES. 

Circular. 

Annapolis,  April  21,  1784. 
Sir, 

I  have  the  honor  to  inform  youi  Excellency,  that  by 
intelligence  communicated  to  Congress  by  the  Minister 
of  France,  his  most  Christian  Majesty  has  determined 
that  L'Orient  shall  be  a  free  port,  and  although  the  edict 


DIPLOMATIC  CORRESPONDENCE.  99 

is  not  published,  may  be  so  considered  by  the  citizens  of 
the  United  States ;  and  that  the  merchants  of  the  United 
States  likewise,  enjoy  the  liberty  of  frequenting  the  ports 
of  Marseilles  and  Dunkirk,  and  participate  as  other 
nations,  the  franchises  and  privileges  of  these  two  places. 
I  have  the  honor  to  be,  &tc. 

THOMAS  MIFFLIN. 


CUEV.  DE  LA  LUZERNETO  THE  PRESIDENT  OF  CONGRESS. 

Translation. 

Annapolis,  April  9th,  1784. 
Sir, 

I  have  the  honor  to  communicate  to  your  Excellency, 
an  extract  from  a  letter,  which  I  received  from  Count  de 
Vergennes,  dated  the  24th  of  December  last. 

I  received  orders  at  the  same  time  to  inform  his  Ma- 
jesty's Ministers  of  the  measures  which  have  been  taken 
by  the  United  States,  relative  to  the  payment  of  portions 
of  the  principal,  and  of  the  interest,  of  the  sums  which 
have  been  loaned  them  by  the  King.  I  make  mention, 
sir,  of  portions  of  the  capital,  because,  by  the  terms  of 
the  contract  of  the  16th  of  July,  1784,  the  reimburse- 
ment of  the  first  loan  of  eight  millions,  is  to  begin  three 
years  after  the  peace,  and  it  is  expedient  to  take  season- 
able measures  with  regard  to  this  subject. 

I  am  also  to  inform  my  Court  of  the  arrangements 
which  have  been  made  for  the  payment  of  interest  on 
the  loan  of  five  millions  of  florins,  made  in  Holland,  the 
5th  November,  1781,  and  for  which  his  Majesty  became 
guarantee.  I  know  the  efforts  of  Congress  to  effect  the 


100  PRESIDENT  OF  CONGRESS. 

discharge  of  the  public  debt,  and  their  wish  to  fulfil  their 
engagements ;  and  I  consider  it  superfluous  to  recall  to 
your  Excellency  all  the  motives  which  combine  to  induce 
the  United  States  to  fulfil  faithfully  those  which  they 
have  contracted  with  the  King.  I  confine  myself  to  de- 
siring you  to  enable  me  to  dissipate  the  uneasiness  which 
may  have  been  excited  at  my  Court,  by  the  delay  in 
proceeding  to  raise  funds  to  effect  the  payment  of  this  debt. 
I  am  with  respect,  sir,  &c. 
LUZERNE. 


COUNT  DE  VERGENNES  TO  M.  DE  LA  LUZERNE. 

Translation. 

Versailles,  December  24, 1783. 
Sir, 

His  Majesty  has  decided  irrevocably,  that  the  port  of 
L'Orient  shall  be  free,  and  American  sailors  may  actually 
consider  it  so.  The  edict  of  the  King,  has  not  yet  been 
published,  however,  because  his  Majesty's  intention  being 
to  give  this  arrangement  as  wide  an  extent  as  possible, 
the  regulations  should  be  drawn  up  after  a  careful  delibe- 
ration, and  conceived  in  such  terms,  that  the  advantages 
allowed  to  the  merchants  of  the  United  States,  may  not 
be  essentially  prejudicial  to  our  own  commerce,  and  the 
revenues  of  the  State. 

The  merchants  of  the  United  States  enjoy  equally  the 
liberty  of  frequenting  the  ports  of  Marseilles  and  Dun- 
kirk, and  they  partake,  like  other  nations,  in  the  immu- 
nities and  privileges  of  these  two  places. 

DE  VERGENNES. 


DIPLOMATIC  CORRESPONDENCE.  1Q1 


FROM    THOMAS    MIFFLIN,    PRESIDENT    OF    CONGRESS,   TO 
THE   MINISTER  OF  FRANCE. 

Annapolis,  April  21,  1784. 

Sir, 

I  have  the  honor  to  inform  your  Excellency,  that  Con- 
gress have  a  due  sense  of  the  care  you  have  taken,  for 
preserving  the  portraits  of  his  most  Christian  Majesty  and 
his  royal  consort,  and  that  they  are  desirous  they  may 
continue  in  your  possession  until  proper  places  can  be 
provided  for  them. 

In  answer  to  your  Excellency's  letter  of  the  9th  inst., 
I  am  instructed  to  assure  you  that,  as  all  the  Legislatures 
have  not  yet  passed  on  "  the  recommendations  of  Con- 
"  gress  of  the  13th  of  April,  1783,  for  establishing  per- 
"  manent  funds,  supplementary  requisitions  on  the  States 
"  will  be  adopted  to  provide  for  the  interest  of  the  loans 
"  aforesaid  for  the  present  year ;  and  that  the  greatest 
"  care  will  be  taken,  by  subsequent  measures,  for  the 
"  punctual  payment  of  the  principal  and  interest  as  they 
"  may  respectively  become  due,  according  to  the  times 
"  of  the  several  contracts." 

I  have  the  honor  to  be,  &c. 

THOMAS  MIFFLIN. 


102  PRESIDENT  OF  CONGRESS. 


FROM  THE  CHEVALIER   DE    LA    LUZERNE    TO    THE    PRESI- 
DENT OF  CONGRESS. 

Translation. 

Annapolis,  April  21,  1784. 
Sir, 

In  the  course  of  last  summer,  I  requested  leave  of  his 
Majesty  to  return  to  France.  By  letters  from  my  friends, 
I  am  informed  that  it  is  granted.  But  the  loss  of  the 
packet  which  conveyed  the  Minister's  letter,  lays  me  un- 
der the  necessity  of  writing  again  on  that  subject.  I 
should  have  waited  his  ^  answer  before  I  took  leave  of 
Congress,  had  I  not  reason  to  believe  that  it  will  not 
reach  till  their  recess.  I  cannot,  however,  depart  without 
entreating  your  Excellency  to  communicate  to  them  my 
warm  acknowledgements  for  the  manner  in  which  they 
have  treated  with  me  during  my  mission,  which  has  lasted 
near  five  years.  I  have  had  the  satisfaction  of  agreeing 
with  Congress  on  all  the  subjects  which  I  had  the  honor 
of  negotiating  with  them ;  and  owe  my  success  to  the 
good  fortune  I  had  of  being  the  representative  of  a  just 
and  generous  monarch  to  a  wise  and  virtuous  republic. 
I  shall  ever  retain  a  grateful  remembrance  of  this ;  and 
shall  always  consider  the  time  I  have  spent  on  this  con- 
tinent as  the  most  honorable  period  of  my  life.  My 
satisfaction  would  be  complete,  were  it  not  accompanied 
with  regret  at  parting  from  a  Senate,  composed  of  mem- 
bers on  whose  friendship,  I  natter  myself,  I  have  a  just 
claim  by  an  intimate  acquaintance  of  several  years.  Your 
Excellency  permits  me  to  rank  you  among  those  who 
honor  me  with  their  friendship  ;  and  I  am  persuaded  that 
the  expression  of  my  attachment  and  respect  for  Congress 


DIPLOMATIC  CORRESPONDENCE.  1Q3 

will  lose  nothing  of  its  force  if  you  will  be  pleased  to 
convey  it. 

The  letters  by  which  I  have  received  advice  of  my 
having  obtained  leave  to  return,  inform  me,  also,  that 
Mons.  de  Marbois  will  be  his  Majesty's  Charge  d'Af- 
faires  with  the  United  States.  His  zeal  and  his  attach- 
ment for  the  cause  which  unites  France  and  America 
are  well  known  to  Congress ;  and  I  have  not  the  least 
doubt  but  his  Majesty's  choice  will  be  agreeable  to  that 
assembly. 

I  am,  Sir,  with  great  respect,  &c. 

LE  CHE.  DE  LA  LUZERNE. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 
May  11th,  1784. 

"  On  the  report  of  a  Committee,  consisting  of  Mr. 
Gerry,  Mr.  Jefferson,  and  Mr.  Williamson,  to  whom  was 
referred  a  letter  of  the  21st  April,  from  the  Honorable 
the  Minister  of  France,  informing  that  in  the  course  of 
last  summer  he  had  requested  his  Majesty's  leave  to  re- 
turn to  France,  and  had  reason  to  believe  it  was  granted, 
though  he  had  not  received  official  information  ;  and  that 
his  Majesty  had  fixed  upon  Mons.  De  Marbois  to  be  his 
Charge  d' Affaires  with  the  United  States, 

Resolved,  That  the  following  answer  be  returned : 

Sir, 

The  United  States  of  America  in  Congress  assembled 
are  informed,  by  the  letter  which  you  were  pleased  to 
address  to  them  the  21st  of  April,  that  having  the  last 
year  requested  of  his  Majesty  leave  to  return  to  France, 


104  PRESIDENT  OF  CONGRESS. 

you  learn  it  has  been  granted,  but  that  the  official  letter 
of  the  Minister  being  lost,  you  expect  a  duplicate,  which 
will  probably  arrive  in  the  recess  of  Congress. 

It  is  with  great  concern,  sir,  that  Congress  receive  this 
information,  as  it  respects  a  Minister  for  whom  they  en- 
tertain the  most  perfect  esteem. 

From  the  time  of  your  arrival  in  America,  to  the  sign- 
ing of  the  provisional  treaty,  the  conduct  of  the  war  has 
been  attended  with  numerous  difficulties  and  perils,  to 
surmount  which,  the  joint  efforts  of  the  United  States  and 
of  their  great  and  good  ally  have  been  necessary. 

Congress  consider  it  as  a  fortunate  circumstance,  that 
during  that  period  the  affairs  of  his  most  Christian  Majesty 
in  this  quarter  have  been  under  the  direction  of  an  able 
and  faithful  Minister,  whose  anxiety  to  promote  the  views 
and  essential  interests  of  his  Sovereign,  has  been  ever  at- 
tended with  a  laudable  endeavor  to  reconcile  them  to 
those  of  his  allies.  Without  such  a  disposition,  •  it  is 
evident  there  could  not  have  existed  a  concert  of  those 
measures  which,  by  the  smiles  of  Providence,  have  has- 
tened the  conclusion  of  the  late  distressing  war. 

The  abilities  of  the  gentleman  who,  as  you  are  inform- 
ed, is  to  be  charged  with  the  affairs  of  your  department, 
and  his  thorough  knowledge  of  the  principles  on  which 
the  alliance  was  founded,  will,  we  doubt  not,  conspire  to 
produce  on  his  part  such  measures  as  will  best  promote 
the  mutual  interest  of  the  two  nations. 

We  now,  sir,  bid  you  an  affectionate  adieu,  with  the 
fullest  assurance  that  you  will  be  happy  in  the  smiles  and 
approbation  of  your  royal  sovereign ;  and  we  sincerely 
wish  that  you  may  be  equally  so  in  an  interview  with 
your  friends,  and  in  your  future  engagements." 


DIPLOMATIC  CORRESPONDENCE.  1Q5 

REPORT  OF    A    COMMITTEE. 

Extract  from  the  Journals  of  Congress,  April  30,  1784. 

"  Congress  took  into  consideration  the  report  of  a  Com- 
mittee consisting  of  Mr.  Gerry,  Mr.  Read,  Mr.  William- 
son, Mr.  Chase  and  Mr.  Jefferson,  to  whom  were  re- 
ferred sundry  letters  and  papers  relative  to  commercial 
matters,  and  the  following  paragraph  being  under  debate : 

That  it  be  recommended  to  the  legislatures  of  the 
several  States  to  vest  the  United  States  in  Congress  as- 
sembled, for  the  term  of  fifteen  years,  with  a  power  to 
prohibit  any  goods,  wares  or  merchandize  from  being  im- 
ported into  any  of  the  States,  except  in  vessels  belonging 
to  and  navigated  by  citizens  of  the  United  States,  or  the 
subjects  of  foreign  powers  with  whom  the  United  States 
may  have  treaties  of  commerce. 

The  report  being  amended,  was  agreed  to  as  follows : 

The  trust  reposed  in  Congress,  renders  it  their  duty  to 
be  attentive  to  the  conduct  of  foreign  nations,  and  to  pre- 
vent or  restrain,  as  far  as  may  be,  all  such  proceedings  as 
might  prove  injurious  to  the  United  States  ;  the  situation 
of  commerce  at  this  time  claims  the  attention  of  the 
several  States,  and  few  objects  of  greater  importance  can 
present  themselves  to  their  notice  ;  the  fortune  of  every 
citizen  is  interested  in  the  success  thereof;  for  it  is  the 
constant  source  of  wealth  and  incentive  to  industry,  and 
the  value  of  our  produce  and  our  land  must  ever  rise  or 
fall  in  proportion  to  the  prosperous  or  adverse  state  of  trade 

Already  has  Great  Britain  adopted  regulations  de- 
structive of  our  commerce  with  her  West  India  Islands ; 
there  was  reason  to  expect,  that  measures  so  unequal  and 
so  little  calculated  to  promote  mercantile  intercourse, 
VOL.  i.— 14 


106  PRESIDENT  OF  CONGRESS. 

would  not  be  persevered  in  by  an  enlightened  nation. 
But  these  measures  are  growing  into  system.  It  would  be 
the  duty  of  Congress,  as  it  is  their  wish,  to  meet  the 
attempts  of  Great  Britain  with  similar  restrictions  on  her 
commerce,  but  their  powers  on  this  head  are  not  explicit ; 
and  the  propositions  made  by  the  legislatures  of  the 
several  States,  render  it  necessary  to  take  the  general 
sense  of  the  Union  on  this  subject. 

Unless  the  United  States  in  Congress  assembled,  shall 
be  vested  with  powers  competent  to  the  protection  of 
commerce,  they  can  never  command  reciprocal  advan- 
tages in  trade  :  and  without  these,  our  foreign  commerce 
must  decline  and  eventually  be  annihilated.  Hence  it  is 
necessary  that  the  States  should  be  explicit,  and  fix  on 
some  effectual  mode  by  which  foreign  commerce,  not 
founded  on  principles  of  equality,  may  be  restrained. 

That  the  United  States  may  be  enabled  to  secure  such 
terms,  they  have 

Resolved,  That  it  be,  and  it  hereby  is,  recommended 
to  the  legislatures  of  the  several  States,  to  vest  the 
United  States  in  Congress  assembled,  for  the  term  of 
fifteen  years,  with  power  to  prohibit  any  goods,  wares  or 
merchandize  from  being  imported  into,  or  exported  from, 
any  of  the  States  in  vessels  belonging  to,  or  navigated  by, 
the  subjects  of  any  power  with  whom  these  States  shall 
not  have  formed  treaties  of  commerce. 

Resolved,  That  it  be,  and  hereby  is,  recommended  to 
the  legislatures  of  the  several  States,  to  vest  the  United 
States  in  Congress  assembled,  for  the  term  of  fifteen 
years,  with  the  power  of  prohibiting  the  subjects  of  any 
foreign  State,  Kingdom  or  Empire,  unless  authorized  by 
treaty,  from  importing  into  the  United  States  any  goods, 


DIPLOMATIC  CORRESPONDENCE.  1Q7 

wares  or  merchandize,  which  are  not  the  produce  or 
manufacture  of  the  dominions  of  the  sovereign,  whose 
subjects  they  are. 

Provided,  That  to  all  acts  of  the  United  States  in 
Congress  assembled,  in  pursuance  of  the  above  powers, 
the  assent  of  nine  States  shall  be  necessary." 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 
May  3rd,  1784. 

"Resolved,  That  a  copy  of  a  letter  of  the  29th  of 
June  last,  from  the  Count  de  Vergennes,  and  one  of  the 
9th  January  last  from  Monsieur  de  Calonne,  to  the 
Marquis  de  la  Fayette,  respecting  free  ports  in  France, 
be  entered  on  the  journal ;  and,  when  published,  trans- 
mitted to  the  Supreme  Executives  of  the  several  States. 

The  letters  being  translated  are  as  follows: 

Translation. 

Versailles,  June  29,  1783. 
Sir, 

I  have  received  the  letter  which  you  did  me  the  honor 
to  write  on  the  17th  of  this  month.  You  desire  to  know 
what  is  meant  by  free  port. 

By  this  term,  sir,  we  mean  a  place  to  which  all  mer- 
chandizes, as  well  foreign  as  domestic,  may  be  imported, 
and  from  which  they  may  be  freely  exported — you  will 
judge,  sir,  by  this  definition,  that  all  the  merchandize  of 
the  north,  without  exception,  may  be  imported  into 
L'Orient  and  exported  from  it  by  the  Americans.  In  a 
word,  L'Orient  will  be  reputed  foreign  With  regard  to 


108  PRESIDENT  qp  CONGRESS. 

France,  as  far  as  it  respects  commerce.  The  prohibition 
and  duties  upon  foreign  merchandize  will  take  effect  only 
in  case  any  person  desires  to  introduce  into  the  interior 
parts  of  the  realm,  the  merchandizes  subject  to  the  one 
or  the  other. 

I  have  the  honor  to  be,  &,c. 

DE  VERGENNES. 
MONS.  THE  MARQ.UIS  DE  LA  FAYETTE. 

Translation. 

Versailles,  January  9, 1784. 
Sir, 

1  have  communicated  to  the  King,  the  observations 
contained  in  the  memoir  which  you  transmitted  to  me, 
relative  to  the  commerce  of  America,  and  those  which 
you  made  at  our  last  conference. 

I  am  authorized  to  announce  to  you,  that  it  is  the  in- 
tention of  his  Majesty  to  grant  to  the  United  States,  the 
ports  of  L'Orient  and  Bayonne,  as  free  ports;  and  besides 
these,  that  of  Dunkirk  and  that  of  Marseilles,  the  first  of 
which  enjoys  absolute  freedom,  and  the  other  is  restrained 
in  the  exercise  of  that  freedom  only  with  regard  to 
tobacco,  which  is  there  subjected  to  a  duty.  The  Ame- 
ricans may,  from  this  moment,  send  their  vessels  to  those 
four  ports,  where  they  will  not  meet  with  any  kind  of 
difficulty.  You  may,  if  necessary,  explain  what  is  meant 
by  free  ports,  agreeably  to  the  signification  thereof  given 
by  Monsieur  de  Vergennes,  in  his  letter  of  the  29th 
June  last.  The  Americans  will  find,  above  all  at  Dun- 
kirk, all  the  facilities  they  can  desire  for  the  sale  of  their 
leaf  tobacco,  their  rice,  their  timber,  and  other  merchan- 
dize, as  well  as  for  the  purchase  of  what  they  want ; 


DIPLOMATIC  CORRESPONDENCE.  1Q9 

such  as  linens,  woollens,  brandy,  &c.  It  is  proposed  to 
establish  stores  and  magazines  there,  which  shall  be  well 
supplied,  on  terms  very  advantageous  for  their  commerce. 
I  have  given  orders  to  the  farmers  general  to  treat 
in  preference,  and  at  a  reasonable  price,  for  the  pur- 
chase of  the  tobaccoes  of  North  America.  And  more- 
over, the  United  States  will  be  as  much  favored  in  France 
in  matters  of  commerce  as  any  other  nation.  The  com- 
plaints which  they  may  make  to  you,  or  which  Mr. 
Franklin,  and  the  other  American  Ministers,  which  I 
would  be  very  glad  to  see,  may  transmit  to  me  on  their 
behalf,  shall  be  examined  with  great  attention ;  and 
government  will  not  suffer  them  to  experience  any  kind 
of  vexations.  Every  possible  precaution  will  also  be 
taken  to  prevent  the  sending  out  bad  merchandize,  which 
if  it  has  hitherto  taken  place  can  only  be  attributed  to 
the  avarice  of  some  merchants  of  the  lowest  order.  I 
am  going  immediately  to  examine  what  relates  to  the 
customs  and  duties  which  hurt  commerce.  This  is  an 
important  subject  and  requires  great  attention.  In  fine, 
sir,  you  may  rely,  that  I  shall  be  always  disposed,  as  well 
as  Monsieur  the  Marshal  de  Castries,  and  Monsieur  the 
Count  de  Vergennes,  to  receive  and  listen  with  attention 
to  the  demands  and  further  representations  which  you 
shall  think  proper  to  make  in  favor  of  the  commerce  of 
America. 

I  have  the  honor  to  be,  &c. 

DE  CALONNE. 

P.  S.  The  ports  of  Bayonne  and  L'Orient  will  be 
made  similar  to  that  of  Dunkirk  with  regard  to  entire 
freedom. 

MONSIEUR  THE  MARQUIS  DE  LA  FAYETTE. 


110  PRESIDENT  OF  CONGRESS. 


FROM    THOMAS    MIFFLIN,     PRESIDENT    OF     CONGRESS,    TO 
THOMAS  JEFFERSON. 

Annapolis,  May  20th,  1784. 
Sir, 

I  herewith  transmit  to  you  the  several  acts  of  Congress, 
which  relate  to  the  formation  of  treaties  of  Commerce 
with  the  powers  of  Europe,  &c.  And  as  I  have  not  had 
it  in  my  power  to  find  out  in  what  manner  the  letter  to 
the  King  of  France  should  be  directed,  I  have  enclosed 
that  letter  to  you,  that  upon  your  arrival  in  France,  it 
may  be  presented  with  the  proper  direction. 

I  wish  you  every  success  and  satisfaction  in  the  impor- 
tant scenes  you  are  going  to  be  engaged  in,  and  am  with 
much  esteem  and  attachment, 

•     Dear  sir,  your  obedient,  &c. 

THOMAS  MIFFLIN. 


FROM  THOMAS  MIFFLIN  TO  JOHN  ADAMS  AND  BENJAMIN 
FRANKLIN. 

Annapolis,  May  20th,  1784. 
Gentlemen, 

I  have  the  honor  to  transmit  to  you  the  following  acts 
of  Congress,  relating  to  the  formation  of  commercial 
treaties,  &c.  viz. 

No.  1.  Letters  to  the  Ministers  Plenipotentiary  at  the 
Courts  of  Versailles  and  Madrid,  dated  17th  of  October, 
1780. 

No.  2.  Instructions  to  the  Ministers  of  the  United 
States  for  making  peace  with  Great  Britain,  dated  May 
30th,  1783. 


DIPLOMATIC  CORRESPONDENCE.  HI 

No.  3.  Instructions  to  the  Ministers  Plenipotentiary  of 
the  United  States  of  America,  at  the  Court  of  Versailles, 
empowered  to  negotiate  a  peace,  &c.  dated  the  29th  of 
October,  1783,  May  7th,  1784,  and  May  llth,  1784. 

No.  4.  Instructions  to  the  Ministers  of  the  United 
States  at  the  Court  of  Madrid,  dated  May  3d,  1784. 

I  also  transmit  to  you  the  papers  relating  to  the  deten- 
tion of  the  schooner  Nancy,  referred  to  in  the  instruction 
of  May  llth,  1784. 

I  have  the  honor  to  be,  with  the  greatest  respect  and 
esteem, 

Your  obedient,  &-c. 

THOMAS  MIFFLIN. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs, 
May  1th,  1784. 

"  Mr.  John  Jay  was  elected  Secretary  for  Foreign 
Affairs,  having  been  previously  nominated  by  Mr.  Gerry. 

On  motion  of  Mr.  Hardy,  seconded  by  Mr.  Gerry, 

Resolved,  That  a  Minister  Plenipotentiary  be  appoint- 
ed in  addition  to  Mr.  John  Adams  and  Mr.  Benjamin 
Franklin,  for  the  purpose  of  negotiating  treaties  of  com- 
merce. 

Congress  proceeded  to  the  election,  and  the  ballots 
being  taken,  Mr.  Thomas  Jefferson  was  elected,  having 
been  previously  nominated  by  Mr.  Hardy. 

On  the  report  of  the  Committee,  to  whom  was  recom- 
mitted their  report  on  sundry  letters  from  the  Ministers 
of  the  United  States  in  Europe,  Congress  came  to  the 
following  resolutions : 


112  PRESIDENT  OP  CONGRESS. 

Whereas,  instructions  bearing  date  the  29th  day  of 
October,  1783,  .were  sent  to  the  Ministers  Plenipotentiary 
of  the  United  States  of  America  at  the  Court  of  Ver- 
sailles, empowered  to  negotiate  a  peace,  or  to  any  one  or 
more  of  them,  for  concerting  drafts  or  propositions  for 
treaties  of  amity  and  commerce  with  the  commercial 
powers  of  Europe : 

Resolved,  That  it  will  be  advantageous  to  these  United 
States  to  conclude  such  treaties  with  Russia,  the  Court 
of  Vienna,  Prussia,  Denmark,  Saxony,  Hamburg,  Great 
Britain,  Spain,  Portugal,  Genoa,  Tuscany,  Rome,  Naples, 
Venice,  Sardinia  and  the  Ottoman  Porte. 

Resolved,  That  in  the  formation  of  these  treaties  the 
following  points  be  carefully  stipulated : 

1st.  That  each  party  shall  have  a  right  to  carry  their 
own  produce,  manufactures  and  merchandize  in  their  own 
bottoms  to  the  ports  of  the  other,  and  thence  the  pro- 
duce and  merchandize  of  the  other,  paying  in  both  cases, 
such  duties  only  as  are  paid  by  the  most  favored  nation, 
freely,  where  it  is  freely  granted  to  such  nation,  or  paying 
the  compensation  where  such  nation  does  the  same. 

2.  That  with  the  nations  holding  territorial  possessions 
in  America,  a  direct  and  similar  intercourse  be  admitted 
between  the  United  States  and  such  possessions ;  or  if 
this  cannot  be  obtained,  then  a  direct  and  similar  inter- 
course between  the  United  States  and  certain  free  ports 
within  such  possessions ;  that  if  this  neither  can  be  ob- 
tained, permission  be  stipulated  to  bring  from  such  pos- 
sessions, in  their 'own  bottoms,  the  produce  and  merchan- 
dize thereof  to  their  States  directly ;  and  for  these  States 
to  carry  in  their  own  bottoms  their  produce  and  mer- 
chandize to  such  possessions  directly. 


DIPLOMATIC  CORRESPONDENCE.  H3 

3.  That  these  United  States  be  considered  in  all  such 
treaties,  and  in  every  case  arising  under  them,  as  one 
nation,  upon  the  principles  of  the  federal  constitution. 

4.  That   it   be   proposed,   though   not   indispensably 
required,  that  if  war  should  hereafter  arise  between  the 
two  contracting  parties,  the  merchants  of  either  country, 
then  residing  in  the  other,  shall  be  allowed  to  remain  nine 
months  to  collect  their  debts  and  settle  their  affairs,  and 
may  depart  freely,  carrying  off  all  their  effects,  without 
molestation  or  hindrance;  and  all  fishermen,  all  cultiva- 
tors of  the  earth,  and  all  artisans  or  manufacturers,  un- 
armed and  inhabiting  unfortified  towns,  villages  or  places, 
who  labor  for  the  common  subsistence  and  benefit  of 
mankind,  and  peaceably  following  their  respective  em- 
ployments, shall  be  allowed  to  continue  the  same,  and 
shall  not  be  molested  by  the  armed'  force  of  the  enemy, 
in  whose  power,  by  the  events  of  war,  they  may  happen 
to  fall ;  but  if  any  thing  is  necessary  to  be  taken  from 
them,  for  the  use  of  such  armed  force,  the  same  shall  be 
paid  for  at  a  reasonable   price;  and   all  merchants  and 
traders,  exchanging  the  products  of  different  places  and 
thereby    rendering   the  accessaries,   conveniencies,  and 
comforts  of  human  life  more  easy  to  obtain  and  more 
general,  shall  be  allowed  to   pass  free  and  unmolested; 
and  neither  of  the  contracting  powers  shall  grant  or  issue 
any  commission  to  any  private  armed  vessels  empowering 
them  to  take  or  destroy  such  trading  ships,  or  interrupt 
such  commerce. 

5.  And  in  case  either  of  the  contracting  parties  shall 

happen  to  be  engaged  in  war  with  any  other  nation,  it  be 

further  agreed,  in  order  to  prevent  all  the  difficulties  and 

misunderstandings,  that  usually  arise  respecting  the  mer- 

VOL.  i.— 15 


114  PRESIDENT  OF  CONGRESS, 

chandize  heretofore  called  contraband,  such  as  arms, 
ammunition  and  military  stores  of  all  kinds,  that  no  such 
articles,  carrying  by  the  ships  or  subjects  of  one  of  the 
parties  to  the  enemies  of  the  other,  shall,  on  any  account, 
be  deemed  contraband,  so  as  to  induce  confiscation,  and 
a  loss  of  property  to  individuals.  Nevertheless  it  shall 
be  lawful  to  stop  such  ships  and  tietain  them  for  such 
length  of  time  as  the  captors  may  think  necessary,  to 
prevent  the  inconvenience  or  damage  that  might  ensue, 
from  their  proceeding  on  their  voyage,  paying  however, 
a  reasonable  compensation  for  the  loss  such  arrest  shall 
occasion  to  the  proprietors ;  and  it  shall  be  further  allowed 
to  use  in  the  service  of  the  captors,  the  whole  or  any 
part  of  the  military  stores  so  detained,  paying  the 
owners  the  full  value  of  the  same,  to  be  ascertained  by 
the  current  price  at  the  place  of  its  destination.  But  if 
the  other  contracting  party  will  not  consent  to  discontinue 
the  confiscation  of  contraband  goods,  then  that  it  be 
stipulated,  that  if  the  master  of  the  vessel  stopped,  will 
deliver  out  the  goods  charged  to  be  contraband,  he  shall 
be  admitted  to  do  it,  and  the  vessel  shall  not  in  that  case 
be  carried  into  any  port ;  but  shall  be  allowed  to  proceed 
on  her  voyage. 

6.  That  in  the  same  case,  when  either  of  the  contract- 
ing parties  shall  happen  to  be  engaged  in  war  with  any 
other  power,  all  goods,  not  contraband,  belonging  to  the 
subjects  of  that  other  power,  and  shipped  in  the  bottoms 
of  the  party  hereto,  who  is  not  engaged  in  the  war, 
shall  be  entirely  free.  And  that  to  ascertain  what  shall 
constitute  the  blockade  of  any  place  or  port,  it  shall  be 
understood  to  be  in  such  predicament,  when  the  assailing 
power  shall  have  taken  such  a  station  as  to  expose  to 


DIPLOMATIC  CORRESPONDENCE.  H5 

imminent  danger  any  ship  or  ships,  that  would  attempt  to 
sail  in  or  out  of  the  said  port ;  and  that  no  vessel  of  the 
party,  who  is  not  engaged  in  the  said  war,  shall  be  stopped 
without  a  material  and  well  grounded  cause ;  and  in  such 
cases  justice  shall  be  done,  and  an  indemnification  given, 
without  loss  of  time  to  the  persons  aggrieved  and  thus 
stopped  without  sufficient  cause. 

7.  That  no  right  be  stipulated  for  aliens  to  hold  real 
property  within  these  States,  this  being  utterly  inadmis- 
sible by  their  several  laws  and  policy ;  but  when  on  the 
death  of  any  person  holding  real  estate  within  the  terri- 
tories of  one  of  the  contracting  parties,  such  real  estate 
would  by  their  laws  descend  on  a  subject  or  citizen  of 
the  other,  were  he  not  disqualified  by   alienage,  then  he 
shall  be  allowed  a  reasonable  time  to  dispose  of  the  same, 
and  withdraw  the  proceeds  without  molestation. 

8.  That  such  treaties  be  made  for  a  term  not  exceed- 
ing ten  years  from  the  exchange  of  ratifications. 

9.  That  these  instructions  be  considered  as  supple- 
mentary to  those  of  October  29th,   1783 ;  and  not  as 
revoking,  except   when   they   contradict   them.      That 
where  in  treaty  with  a  particular  nation  they  can  procure 
particular  advantages,  to  the  specification  of  which  we 
have  been  unable  to  descend,  our  object  in  these  instruc- 
tions having  been  to  form  outlines  only  and  general  prin- 
ciples of  treaty  with  many  nations,  it  is  our  expectation 
they  will  procure  them,   though  not  pointed  out  in  these 
instructions ;  and  where  they  may  be  able  to  form  treaties 
on   principles  which,  in  their  judgment,  will  be    more 
beneficial  to  the  United  States  than  those  herein  directed 
to  be  made  their  basis,  they  are  permitted  to  adopt  such 
principles.     That  as  to  the  duration  of  treaties,  though 
we  have  proposed  to  restrain  them  to  the  term  of  ten 


116  PRESIDENT  OF  CONGRESS. 

years,  yet  they  are  at  liberty  to  extend  the  same  as  far 
as  fifteen  years  with  any  nation  which  may  pertinaciously 
insist  thereon.  And  that  it  will  be  agreeable  to  us  to 
have  supplementary  treaties  with  France,  the  United 
Netherlands  and  Sweden,  which  may  bring  the  treaties 
we  have  entered  into  with  them  as  nearly  as  may  be  to 
the  principles  of  those  now  directed;  but  that  this  be 
not  pressed,  if  the  proposal  should  be"  found  disagreeable. 

Resolved,  That  treaties  of  amity,  or  of  amity  and 
commerce,  be  entered  into  with  Morocco,  and  the  Regen- 
cies of  Algiers,  Tunis  and  Tripoli,  to  continue  for  the 
same  term  of  ten  years,  or  for  a  term  as  much  longer  as 
can  be  procured. 

That  our  Ministers,  to  be  commissioned  for  treating 
with  foreign  nations,  make  known  to  the  Emperor  of 
Morocco  the  great  satisfaction  which  Congress  feel  from 
the  amicable  disposition  he  has  shown  towards  these  States, 
and  his  readiness  to  enter  into  alliance  with  them.  That 
the  occupations  of  the  war,  and  distance  of  our  situa- 
tion have  prevented  our  meeting  his  friendship  so  early 
as  we  wished.  But  the  powers  are  now  delegated  to 
them  for  entering  into  treaty  with  him,  in  the  execution 
of  which  they  are  ready  to  proceed,  and  that  as  to  the 
expenses  of  his  Minister,  they  do  therein  what  is  for  the 
honor  and  interest  of  the  United  States. 

Resolved,  That  a  commission  be  issued  to  Mr.  J. 
Adams,  Mr.  B.  Franklin  and  Mr.  T.  Jefferson,  giving 
powers  to  them,  or  the  greater  part  of  them,  to  make 
and  receive  propositions  for  such  treaties  of  amity  and 
commerce,  and  to  negotiate  and  sign  the  same,  transmit- 
ting them  to  Congress  for  their  final  ratification  ;  and  that 
such  commission  be  in  force  for  a  term  not  exceeding 
two  years." 


DIPLOMATIC  CORRESPONDENCE.  H7 

Extract  from  the  Secret  Journal  of  Foreign  Affairs. 
May  llth,  1784. 

"  The  report  of  the  Committee  on  the  letter  from  the 
Ministers  of  the  United  States  in  Europe  being  amended, 
was  agreed  to,  as  follows  : 

Resolved,  That  our  said  Ministers,  to  be  commissioned 
for  treating  with  foreign  nations,  be  referred  to  the  in- 
structions of  the  30th  day  of  May,  1783,  relative  to 
British  debts,  the  objects  of  which  they  are  hereby  di- 
rected to  urge  with  perseverance. 

That  they  require,  with  firmness  and  decision,  full 
satisfaction  for  all  slaves  and  other  property  belonging  to 
citizens  of  these  States,  taken  and  carried  away  in  viola- 
tion of  the  preliminary  and  definitive  articles  of  peace  ; 
and  to  enable  them  to  do  this  on  precise  grounds, 
Congress  will  furnish  them  with  necessary  facts  and 
documents. 

Resolved,  That  Doctor  Franklin  be  desired  to  notify 
to  the  Apostolical  Nuncio  at  Versailles,  that  Congress 
will  always  be  pleased  to  testify  their  respect  to  his 
Sovereign  and  State  ;  but  that  the  subject  of  his  applica- 
tion to  Doctor  .Franklin,  being  purely  spiritual,  it  is  with- 
out the  jurisdiction  and  powers  of  Congress,  who  have 
no  authority  to  permit  or  refuse  it,  these  powers  being 
reserved -to  the  several  States  individually. 

That  Doctor  Franklin  be  instructed  to  express  to  the 
Court  of  France,  the  constant  desire  of  Congress  to  meet 
their  wishes  ;  that  these  States  are  about  to  form  a  gen- 
eral system  of  commerce,  by  treaties  with  other  nations  ; 
that,  at  this  time,  we  cannot  foresee  what  claims  might  be 
given  to  those  nations,  by  the  explanatory  propositions 


118  PRESIDENT  OF  CONGRESS. 

from  the  Count  de  Vergennes,  on  the  second  and  third 
articles  of  our  treaty  of  amity  and  commerce  with  his 
most  Christian  Majesty ;  but  that  he  may  be  assured  it 
will  be  our  constant  care  to  place  no  people  on  more 
advantageous  ground  than  the  subjects  of  his  Majesty. 

Resolved,  That  the  papers  containing  the  claim  of  the 
five  Fosters,  brothers,  for  the  prize  of  their  vessel,  the 
Three  Friends,  made  by  Captain  Landais,  of  the  Alli- 
ance frigate,  which  papers  were  communicated  by  the 
Count  de  Vergennes  to  Doctor  Franklin,  to  the  end  that 
he  might  apply  to  Congress  for  an  indemnification  of  the 
said  Fosters,  be  remitted  to  the  said  Ministers  with  a 
copy  of  the  fourth  clause  of  the  instructions  to  them,  of 
October  29th,  1783,  and  the  following  extract  from 
Doctor  Franklin's  letter  of  July  22d,  1783,  to  the  Secre- 
tary for  Foreign  Affairs,  viz:  'Mr.  Barclay  has  in  his 
'  hands  the  affair  of  the  Alliance  and  Bon  Homme  Ricli- 
'  ard.  I  will  afford  him  all  the  assistance  in  my  power ; 
'  but  it  is  a  very  perplexed  business.  That  expedition. 
'  though,  for  particular  reasons,  under  American  commis- 
'  sions  and  colors,  was  carried  on  at  the  King's  expense, 
'  and  under  his  orders.  M.  De  Chaumont  was  the  agent 
'  appointed  by  the  Minister  of  Marine  to  make  the  outfit. 
'  He  was  also  chosen  by  all  the  captains  of  the  squadron, 
'  as  appears  by  an  instrument  under  their  hands,  to  be 
'  their  agent,  receive,  sell  and  divide  prizes,  &.c.  The 
'  Crown  bought  two  of  them  at  public  sale ;  and  the  mo- 
'  ney,  I  understand,  is  lodged  in  the  hands  of  a  responsi- 
'  ble  person  at  L'Orient.  M.  De  Chaumont  says  he  has 
'  given  in  his  accounts  to  the  Marine,  and  that  he  has  no 
'  more  to  do  with  the  affair,  except  to  receive  a  balance 
'  due  to  him.  That  account,  however,  is,  I  believe,  'un- 


DIPLOMATIC  CORRESPONDENCE.  H9 

'  settled ;  and  the  absence  of  some  of  the  captains  is  said 
'  to  make  another  difficulty,  which  retards  the  completion 
'  of  the  business.  I  never  paid  nor  received  any  thing 
relating  to  that  expedition,  nor  had  any  other  concern 
'  in  it  than  barely  ordering  the  Alliance  to  join  the 
'  squadron,  at  M.  De  Sartine's  request.'  From  which 
extract,  there  is  reason  to  believe  the  United  States  of 
America  had  no  concern  in  the  expedition ;  but  that  it 
was  carried  on  wholly  under  the  authority  and  for  the 
advantage  of  his  most  Christian  Majesty.  That  if  this 
fact  should  not  be  so  apparent  as  to  give  full  satisfaction 
to  his  Majesty's  Ministers,  they  then  can  take  such 
measures  as  in  their  discretion  shall  be  thought  most  con- 
ducive to  an  amicable  and  equitable  adjustment  thereof, 
on  the  best  evidence  they  shall  be  able  to  procure. 

Resolved,  That  the  claim  of  the  Sieur  Bayard  against 
these  United  States,  for  the  sum  of  two  hundred  and 
fifty-five  thousand  two  hundred  and  thirty-six  dollars, 
continental  money,  is  not  founded  in  justice,  from  the 
circumstances  of  the  case  as  stated  by  himself,  which 
are,  that  a  vessel  and  cargo,  in  which  he  was  interested, 
sailing  in  May,  1779,  from  Charleston  for  France,  was 
taken  by  an  English  armed  vessel,  and  re-taken  by  an 
American  frigate  called  the  Boston ;  that  she  was  carried 
to  Boston  and  there  sold  as  French  property  by  Mons. 
de  Valnais,  Cdnsul  for  France  at  that  port;  that  he 
unfaithfully  and  irregularly,  as  is  suggested,  endeavored 
to  have  the  whole  adjudged  to  the  re-captors,  but  that 
the  sentence  was,  that  they  were  only  entitled  to  one 
eighth,  and  the  Sieur  Bayard's  correspondents  obliged 
M.  de  Valnais  to  deposite  with  the  Consul  of  France  in 
Philadelphia  two  hundred  and  fifty-five  thousand  two 


120  PRESIDENT  OF  CONGRESS. 

hundred  and  thirty-six  dollars,  jcontinental  money,  in 
part  of  the  proceeds,  with  a  reserve  to  the  Sieur  Bayard, 
against  Mons.  de  -Valnais,  01  every  right  of  redress  for 
his  irregular  conduct ;  that  no  injurious  intermeddling  by 
the  United  States,  or  any  of  them,  or  by  any  of  their 
citizens,  is  here  complained  of;  that  the  money  was  con- 
stantly in  the  hands  of  the  Sieur  Bayard's  correspondents, 
or  of  the  Consul  of  his  nation  ;  that  he  may  indeed  have 
suffered  by  its  depreciation,  as  many  others  have  suffered, 
both  foreigners  and  citizens,  but  the  latter  in  a  much 
higher  degree  than  the  former ;  that  this  depreciation 
was  not  effected  by  any  arbitrary  change  by  Congress  in 
the  value  or  denomination  of  the  money,  (which  yet  has 
been  frequently  practised  by  European  States,  who  never 
have  thought  themselves  bound  to  make  good  the  losses 
thereby  incurred,  either  by  their  own  citizens  or  by 
foreigners,)  but  ensued  against  the  will  and  the  unre- 
mitting endeavors  of  Congress ;  that  in  this  case,  too,  it 
might  have  been  lessened,  if  not  prevented,  by  investing 
the  money  immediately  in  gold  and  silver,  or  in  other 
commodities.  Congress  are  therefore  of  opinion,  that 
these  States  are  not  bound  to  make  good  the  loss  by 
depreciation. 

That,  as  to  the  residue  of  the  claims  of  the  Sieur 
Bayard,  if  founded  in  truth  and  right,  they  lie  only 
against  the  State  of  Georgia,  to  the  Governor  of  which 
Congress  will  transmit  copies  of  the  papers,  expressing 
at  the  same  time  our  confidence  that  that  State  will  cause 
to  be  done  in  it  what  justice  and  the  respect  due  between 
friendly  nations  require,  and  that  the  Sieur  Bayard  be 
referred  to  them. 

Resolved,  That  the  friendly  services  rendered  by  ihe 


DIPLOMATIC  CORRESPONDENCE.  121 

Sieur  John  Baptiste  Pequet,  agent  for  the  French  nation 
at  Lisbon,  to  great  numbers  of  American  sailors  carried 
prisoners  into  that  port  during  the  late  war,  and  his  suf- 
ferings on  that  account,  merit  the  sincere  acknowledge- 
ments of  Congress ;  and  that  it  be  referred  to  the  said 
Ministers  to  deliver  him  these  in  honorable  terms,  and  to 
make  him  such  gratification  as  may  indemnify  his  losses 
and  properly  reward  his  zeal." 

"  Resolved,  That  the  papers  relating  to  the  detention 
of  the  schooner  Nancy,  Captain  Gladden,  belonging  to 
the  citizens  of  the  United  States  residing  in  North  Caro- 
lina, be  transmitted  to  our  Ministers  for  negotiating  trea- 
ties with  foreign  powers ;  and  that  they  be  instructed  to 
make  inquiry  into  the  cause  of  the  seizure  and  detention 
of  the  said  schooner  and  her  cargo ;  and  if  it  shall  appear 
that  she  has  been  unjustly  detained,  to  demand  the  re- 
lease of  the  vessel  and  the  restoration  of  her  cargo,  with 
adequate  damages  for  her  detention." 

"  Resolved,  That  the  form  of  the  commission  to  the 
Ministers  for  negotiating  treaties  of  amity  and  commerce, 
or  of  amity,  be  as  follows  : 

The  United  States  of  America  in  Congress  assembled; 
to  all  to  whom  these  presents  shall  come,  or  be  made 
known,  send  greeting : 

Whereas,  an  intercourse  between and 

the  citizens  of  the  United  States  of  America,  founded  on 
principles  of  equality,  reciprocity  and  friendship,  may  be 
of  mutual  advantage  to  both  nations:  Now,  therefore, 
know  ye,  that  we,  reposing  special  trust  and  confidence 
in  the  integrity,  prudence,  and  ability  of  our  trusty  and 
VOL.  i.— 16 


122  PRESIDENT  OF  CONGRESS. 

belpved,  the  honorable  John  Adams,  late  one  of  our 
Ministers  Plenipotentiary  for  negotiating  a  peace,  and 
heretofore  a  Delegate  in  Congress  from  the  State  of 
Massachusetts,  and  Chief  Justice  of  the  said  State,  the 
honorable  Doctor  Benjamin  Franklin,  our  Minister  Ple- 
nipotentiary at  the  Court  of  Versailles,  and  late  another 
of  our  Ministers  Plenipotentiary  for  negotiating  a  peace, 
and  the  honorable  Thomas  Jefferson,  a  Delegate  in  Con- 
gress from  the  State  of  Virginia,  and  late  Governor  of 
the  said  State,  have  nominated,  constituted,  and  appoint- 
ed, and  by  these  presents  do  nominate,  constitute,  and 
appoint,  the  said  John  Adams,  Benjamin  Franklin,  and 
Thomas  Jefferson,  our  Ministers  Plenipotentiary,  giving 
to  them,  or  a  majority  of  them,  full  power  and  authority 
for  us,  and  in  our  name  to  confer,  treat,  and  negotiate, 
with  the  Ambassador,  Minister,  or  Commissioner  of 

',  vested  with  full  and  sufficient  powers  of 

and  concerning  (a  treaty  of  amity,  or  a  treaty  of  amity 
and  commerce,  as  the  case  may  be,)  to  make  and  receive 
propositions  for  such  treaty,  and  to  conclude  and  sign  the 
same,  transmitting  it  to  the  United  States  in  Congress 
assembled  for  their  final  ratification.  This  commission  to 
continue  in  force  for  a  term  not  exceeding  two  years 
from  the  date  hereof. 

In  testimony  whereof,  we  have  caused  the  seal  of  the 
United  States  to  be  hereunto  affixed.  Witness  his  Ex- 
cellency Thomas  Mifflin,  President,  this  twelfth  day  of 
May,  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  eighty-four,  and  of  the  sovereignty  and 
independence  of  the  United  States  of  America  the 
eighth." 


DIPLOMATIC  CORRESPONDENCE.  123 


FROM    THOMAS  MIFFLIN,  PRESIDENT    OF     CONGRESS. 

Circular. 

Annapolis,  May  31,  1784. 
Sir, 

I  have  the  honor  to  transmit  to  your  Excellency,  an 
act  of  Congress,  of  the  29th  instant,  relating  to  an  insult 
offered  to  the  person  of  Monsieur  de  Marbois,  by  a  cer- 
tain Monsieur  de  Longchamps. 

By  a  letter  received  this  day  from  the  Supreme 
Executive  of  the  State  of  Pennsylvania,  it  appears  that 
the  said  Longchamps  has  been  apprehended  in  conse- 
quence of  a  warrant  issued  by  one  of  the  Judges  of  the 
Supreme  Court  of  Pennsylvania,  and  is  now  confined  in 
the  common  jail  at  Philadelphia. 

I  have  the  honor  to  be,  &c. 

THOMAS  MIFFLIN. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 
May  29th,  1784. 

"On  the  report  of  a  Committee,  consisting  of  Mr. 
Gerry,  Mr.  Dana  and  Mr.  Howell,  to  whom  was  referred 
a  note  from  the  Honorable  the  Minister  Plenipotentiary 
of  his  most  Christian  Majesty,  Congress  came  to  the 
following  resolution : 

Whereas  Congress  have  been  informed  by  a  note 
addressed  to  them  by  the  Chevalier  de  la  Luzerne, 
Minister  Plenipotentiary  of  his  most  Christian  Majesty 
of  the  20th  instant,  and  the  papers  accompanying  the 
same,  that  a  violation  of  the  laws  of  nations  hath  been  com- 


[24  PRESIDENT  OF  CONGRESS. 

raitted  by  one  Longchamps,  who  calls  himself  Chevalier 
de  Longchamps  a  subject  of  his  most  Christian  Majesty, 
by  a  violent  assault  and  battery  by  him  lately  made  in 
the  city  of  Philadelphia,  upon  the  person  of  Mr.  Marbois, 
Consul  General  and  Secretary  to- the  above  legation  ;  and 
that  although  a  warrant  for  apprehending  the  offender 
has  been  duly  issued,  in  consequence  of  directions  given 
by  the  President  of  the  State  of  Pennsylvania,  upon 
application  to  him  made  for  that  purpose  by  the  said 
Minister,  he  has  not  yet  been  apprehended,  but  absconds ; 
and  is  supposed  to  have  fled  from  justice  into  some  other 
of  the  United  States :  wherefore,  to  the  end  the  said 
Longchamps  may  be  brought  to  condign  punishment  for 
his  said  offence,  and  that  the  privileges  and  immunities  of 
foreign  ministers,  and  of  their  families  and  houses,  be 
preserved  inviolate, 

Resolved,  That  it  be,  and  is  hereby,  recommended  to 
the  Supreme  Executive  authority  of  each  of  these  United 
States,  forthwith  to  issue  their  proclamations,  offering  a 
reward  of  five  hundred  dollars,  to  be  reimbursed  by  the 
United  States  to  the  State  paying  the  same,  for  discover- 
ing the  said  Longchamps,  so  that  he  may  be  arrested ; 
and  requiring  their  proper  civil  officers  to  arrest  him,  and 
their  citizens  in  general  to  be  aiding  and  assisting  therein, 
that  he  may  be  brought  to  justice,  for  his  said  violation 
of  the  laws  of  nations  and  of  the  land,  and  all  others  may 
be  deterred  from  the  commission  of  such  offences. " 

Translation. 

The  underwritten  Minister  has  the  honor  to  transmit 
to  Congress  sundry  papers  relative  to  a  violation  of  the 
law  of  nations  in  the  person  of  the  Consul  General  arid 


DIPLOMATIC  CORRESPONDENCE.  125 

Secretary  to  his  Majesty's  legation  to  the  United  States. 
The  underwritten  immediately  applied  to  the  President 
of  the  State  of  Pennsylvania  to  have  the  culprit  seized ; 
and  received  the  answer  herewith  enclosed.  As  Minis- 
ters, and  persons  attached  to  embassies  and  consulates, 
have  an  immediate  right  to  the  support  of  Congress,  the 
underwritten  applies  to  this  assembly  for  their  recommen- 
dation as  speedily  as  possible  to  the  Government  of 
Pennsylvania,  to  take  effectual  measures,  conformable  to 
the  laws  of  nations,  for  the  solemn  reparation  of  the 
offence  committed  on  the  person  of  the  Consul  General, 
and  the  violation  of  the  privileges  of  the  house  of  the 
underwritten.  The  offender  is  not  yet  apprehended  ;  and 
it  is  possible  he  has  fled  into  some  other  State  in  the 
confederacy:  the  underwritten  Minister,  therefore,  en- 
treats that  Congress  would  be  pleased  to  issue  a  like  re- 
commendation to  all  the  other  States  in  the  Union. 

LE  CHEVALIER  DE  LA  LUZERNE. 
Philadelphia,  May  20th,  1784. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 

June  1st,  1784. 

"  A  letter  from  the  Supreme  Executive  Council  of 
Pennsylvania  was  read  in  the  following  words : 

In  Council,  Philadelphia,  May  28,  1784. 

Sir, 

Some  days  ago  an  insult  was  offered  by  a  Frenchman 
to  M.  de  Marbois,  in  the  hotel  of  the  Minister  of  France; 
and  afterwards  an  assault  was  made  upon  him  by  the 


126  PRESIDENT  OF  CONGRESS. 

same  person  in  a  street  of  this  city.  The  offender  lias 
been  arrested  by  our  direction,  under  the  warrant  of  a 
judge  of  the  Supreme  Court,  and  is  now  confined  in  the 
common  prison,  where  we  have  ordered  him  to  be  de- 
tained. Our  respect  for  Congress  induces  us  to  inform 
them  of  this  affair ;  and  we  should  have  done  ourselves 
the  honor  of  making  the  communication  sooner,  but  that 
the  criminal  was  not  in  confinement  till  yesterday.  We 
should  be  much  pleased  to  be  favored  with  the  sentiments 
of  Congress  upon  this  business,  being  extremely  desirous 
that  our  proceedings  may  correspond  with  their  judgment, 
and  to  testify  our  determined  resolution  with  all  our 
powers  to  maintain  the  dignity  of  the  United  States,  to 
preserve  the  public  repose,  to  assert  the  law  of  nations, 
and  to  manifest  our  entire  regard  for  the  representatives 
of  the  sovereignty  of  the  Union. 

With  the  most  perfect  esteem,  &c. 

JOHN  DICKINSON. 
His  Excellency,  the  PRESIDENT  OF  CONGRESS. 

Whereupon  the  following  was  moved  by  Mr.  Hand, 
seconded  by  Mr.  Montgomery : 

That  Congress  highly  approve  the  determined  resolu- 
tion of  the  Supreme  Executive  Council  of  the  State  of 
Pennsylvania  to  maintain  the  dignity  of  the  United 
States,  to  preserve  the  public  repose,  to  assert  the  law. 
of  nations,  and  to  manifest  their  entire  regard  for  the 
representatives  of  the  sovereignty  of  the  Union,  ex- 
pressed by  their  letter  of  the  28th  instant." 


DIPLOMATIC  CORRESPONDENCE.  127 

FROM  THOMAS  MIFFLIN  TO  THE  MINISTER  OF  FRANCE. 
Annapolis,  May  31,  1784. 

Sir, 

I  have  the  honor  to  transmit  to  your  Excellency,  an 
act  of  Congress  of  the  29th  instant,  passed  in  conse- 
quence of  your  note  of  the  20th  instant.  Congress  are 
so  well  convinced  of  the  necessity  of  securing  to  all 
foreign  Ministers,  resident  in  these  States,  every  privilege 
and  right  to  which  they  are  entitled  by  usage  or  the  laws 
of  nations,  that  I  am  confident  they  will  proceed  without 
delay,  to  a  further  consideration  of  the  subject  of  your 
Excellency's  several  letters ;  particularly  your  last  letter 
which  has  been  just  received  and  referred  to  a  committee, 
with  instructions  to  report  immediately. 

Many  important  subjects  which  have  been  necessarily 
brought   before    Congress,   since   your   Excellency   left 
Annapolis,  have  hitherto  prevented  them  from  deciding 
on  the  reports  respecting  General  De  Kalb,  &c. 
I  have  the  honor  to  be,  &c. 

THOMAS  MIFFLIN. 


FROM  RICHARD  HENRY  LEE  TO  BENJAMIN  FRANKLIN, 
MINISTER  PLENIPOTENTIARY  OF  THE  UNITED  STATES, 
PARIS. 

Trenton,  December  11,  1784. 
Sir, 

I  have  the  honor  to  enclose  to  your  Excellency  a 
packet  for  his  most  Christian  Majesty,  containing  a  letter 
from  Congress  to  that  Monarch,  recommending  an  able 


128  PRESIDENT  OF  CONGRESS. 

and  active  friend,  the  Marquis  la  Fayette,  to  his  royal 
favor.  The  Marquis's  former  and  recent  services  to 
America,  deserve,  and  have  secured  to  him,  the  warmest 
attachment  of  these  United  States. 

I  have  the  honor  to  be,  &ic. 

RICHARD  HENRY  LEE. 


PROM    RICHARD    HENRY    LEE   FO    THE    MARQUIS    LA 
PAYETTE. 

Trenton,  December  11,  1784. 
My  dear  Sir, 

I  have  the  honor  to  enclose  you  a  letter  for  the  Min- 
ister Plenipotentiary  of  the  United  States,  at  the  Court 
of  his  most  Christian  Majesty,  which  covers  a  letter  to 
our  great  and  good  ally,  a  copy  of  which  I  have  also  the 
pleasure  to  enclose  for  your  satisfaction.  I  assure  you, 
my  dear  friend,  that  I  feel  myself  singularly  happy  in 
observing  the  unanimous  disposition  that  prevails  in  Con- 
gress to  promote  your  glory,  for  I  do  most  sincerely  wish 
you  every  felicity  that  this  world  can  afford. 

I  am  with  unfeigned  esteem,  &ic. 

RICHARD  HENRY  LEE. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 

December  9,  1784. 

"  The  Committee,  consisting  of  Mr.  Jay,  Mr.  Wil- 
liamson, and  Mr.  Hardy,  to  whom  was  referred  a  letter  of 
the  6th,  from  the  Marquis  de  la  Fayette,  reported : 


DIPLOMATIC  CORRESPONDENCE.  129 

That  in  the  opinion  of  the  Committee,  the  merit  and 
services  of  the  Marquis  render  it  proper  that  such  an 
opportunity  of  taking  leave  of  Congress  be  afforded  him, 
as  may  strongly  manifest  their  regard  and  esteem  for 
him  :  Whereupon, 

Resolved,  That  a  Committee,  to  consist  of  one  mem- 
ber from  each  State,  be  appointed  to  receive  the  Mar- 
quis, and  in  the  name  of  Congress  to  take  leave  of  him. 
That  they  be  instructed  to  assure  him,  that  Congress 
continue  to  entertain  the  same  high  sense  of  his  abilities 
and  zeal  to  promote  the  welfare  of  America,  both  here 
and  in  Europe,  which  they  have  frequently  expressed 
and  manifested  on  former  occasions,  and  which  the  recent 
marks  of  his  attention  to  their  commercial  and  other 
interests  have  perfectly  confirmed.  That  as  his  uniform 
and  unceasing  attachment  to  this  country  has  resembled 
that  of  a  patriotic  citizen,  the  United  States  regard  him 
with  particular  affection,  and  will  not  cease  to  feel  an 
interest  in  whatever  may  concern  his  honor  and  pros- 
perity ;  and  that  their  best  and  kindest  wishes  will  always 
attend  him. 

On  motion  of  Mr.  Mercer,  seconded  by  Mr.  Read, 

Resolved,  That  a  letter  be  written  to  his  most  Chris- 
tian Majesty,  to  be  signed  by  his  Excellency,  the  Presi- 
dent of  Congress,  expressive  of  the  high  .sense  which 
the  United  States,  in  Congress  assembled,  entertain  of 
the  zeal,  talents  and  meritorious  services  of  the  Marquis 
of  Fayette,  and  recommending  him  to  the  favor  and 
patronage  of  his  Majesty." 


VOL.  i.  —  17 


130  PRESIDENT  OF  CONGRESS. 

Extract  from  the  Secret  Journal  of  Foreign  Affairs, 
December  13th,  1784. 

"Mr.  Jay,  chairman  of  the  Committee,  consisting  of 
a  member  from  each  State,  appointed  to  receive  and  take 
leave  of  the  Marquis  de  la  Fayette,  reported,  that  on 
the  llth  inst.  they  received  the  Marquis  in  the  Congress 
chamber,  and  took  leave  of  him  agreeably  to  the  instruc- 
tions given  them  on  that  subject,  that  they  communicated 
to  him  the  purport  of  the  resolutions  of  the  ninth ;  and 
that  he  thereupon  made  the  following  answer  : 

Sir, 

While  it  pleases  the  United  States,  in  Congress,  so 
kindly  to  receive  me,  I  want  words  to  express  the  feelings 
of  a  heart  which  delights  in  their  present  situation,  and 
the  bestowed  marks  of  their  esteem. 

Since  I  joined  the  standard  of  liberty,  to  this  wished 
for  hour  of  my  personal  congratulations,  I  have  seen  such 
glorious  deeds  performed,  and  virtues  displayed,  by  the 
sons  of  America,  that  in  the  instant  of  my  first  concern 
for  them,  I  had  anticipated  but  a  part  of  my  love  and 
regard  which  devote  me  to  this  rising  empire. 

During  our  revolution,  sir,  I  obtained  an  unlimited 
indulgent  confidence,  which  I  am  equally  proud  and 
happy  to  acknowledge ;  it  dates  with  the  time  when,  an 
inexperienced  youth,  I  could  only  claim,  my  respected 
friends'  paternal  adoption.  It  has  been  most  benevo- 
lently continued  throughout  every  circumstance  of  the 
cabinet  and  the  field ;  and  in  personal  friendships,  I  have 
often  found  a  support  against  public  difficulties.  While 
on  this  solemn  occasion,  I  mention  my  obligations '  to 


DIPLOMATIC  CORRESPONDENCE.  131 

Congress,  the  States,  the  people  at  large,  permit  me  also 
to  remember  the  dear  military  companions,  to  whose 
services  their  country  is  so  much  indebted. 

Having  felt,  both  for  the  timely  aid  of  my  country, 
and  for  the  part  she,  with  a  beloved  King,  acted  in  the 
cause  of  mankind,  I  enjoy  an  alliance  so  well  rivetted  by 
mutual  affection,  by  interest,  and  even  local  situation. 
Recollection  ensures  it.  Futurity  does  but  enlarge  the 
prospect;  and  the  private  intercourse  will  every  day 
increase,  which  independent  and  advantageous  trade 
cherishes,  in  proportion  as  it  is  well  understood. 

In  unbounded  wishes  to  America,  sir,  I  am  happy  to 
observe  the  prevailing  disposition  of  the  people  to 
strengthen  the  confederation,  preserve  public  faith,  regu- 
late trade,  and  in  a  proper  guard  over  continental  maga- 
zine? and  frontier  posts,  in  a  general  system  of  militia,  in 
foreseeing  attention  to  the  Navy,  to  ensure  every  kind  of 
safety.  May  this  immense  temple  of  freedom  ever  stand 
a  lesson  to  oppressors,  an  example  to  the  oppressed,  a 
sanctuary  for  the  rights  of  mankind !  And  may  these 
happy  United  States  attain  that  complete  splendor  and 
prosperity,  which  will  illustrate  the  blessings  of  their 
government,  and  for  ages  to  come  rejoice  the  departed 
souls  of  its  founders. 

However  unwilling  to  trespass  on  your  time,  I  must 
yet  present  you  with  my  grateful  thanks  for  the  late  favor 
of  Congress ;  and  never  can  they  oblige  me  so  much, 
as  when  they  put  it  in  my  power,  in  every  part  of  the 
world,  to  the  latest  day  of  my  life,  to  gratify  the  attach- 
ment which  will  ever  rank  me  among  the  most  zealous 
and  respectful  servants  of  the  United  States. " 


PRESIDENT  OF  CONGRESS. 


FROM  THE   CONGRESS   OF  THE   UNITE!)   STATES,    TO  LOUIS 
SIXTEENTH,  KINO  OF  FRANCE   AND  NAVARRE. 

Trenton,  December  11,  1784. 

Great,  faithful  and  beloved  Friend  and  Ally, 
The  various  and  important  acts  of  friendship  done  by 
your  Majesty  to  these  States,  have  inspired  them  with 
strong  attachment  to  your  person,  and  with  firm  con- 
fidence in  your  friendly  disposition  towards  them.  Both 
these  considerations  unite  in  urging  us  to  recommend  to 
your  Majesty's  particular  attention  and  favor,  the  Mar- 
quis de  la  Fayette,  a  nobleman  who  has  ably  promoted 
the  interests  of  both  countries,  and  acquired  glory  by 
strenuous  and  successful  endeavors  to  advance  our  mutual 
honor,  prosperity  and  confidence. 

Permit  us  to  assure  your  Majesty,  that  we  not  only 
approve,  but  admire,  his  conduct.  We  entertain  esteem 
and  affection  for  him  as  a  man.  We  think  highly  of  his 
talents,  and  are  convinced  of  his  disposition  to  perpetuate 
the  amity  and  good  understanding,  which,  we  pray  God, 
may  ever  subsist  between  France  and  America. 

May  the  author  of  all  good  continue  to  bless  your 
Majesty,  your  family  and  people,  and  keep  you  and  them 
under  his  holy  protection. 

By  the  unanimous  order  of  Congress. 

RICHARD  HENRY  LEE, 

President. 


DIPLOMATIC  CORRESPONDENCE.  133 

FROM  THE  KING    OF  FRANCE    TO  THE     CONGRESS     OF    THE 
UNITED   STATES    OF  AMERICA. 

Translation. 
Written  at  Versailles,  the  10th  May,  1785. 

Very  dear  Friends  and  Allies, 

The  Marquis  de  la  Fayette  has  delivered   to  us  the 
letter  which  you  wrote  to  us  the  31st  December  last. 

We  observe  with  real  satisfaction  the  fresh  assurances 
you  there  give  us  of  your  attachment  to  our  person. 
The  interest  we  take  in  the  prosperity  of  your  govern- 
ment is  known  to  you,  and  we  will  always  embrace  with 
pleasure  every  opportunity  of  giving  you  proofs  of  it. 
The  justice  which  you  do  to  the  Marquis  de  la  Fayette 
confirms  more  and  more,  the  opinion  we  have  also  of  his 
zeal  and  talents,  and  cannot  but  add  to  the  desire  we 
have  of  giving  him  further  marks  of  our  satisfaction: 
entertain  no  doubt  of  the  affection  and  friendship  which 
we  bear  to  the  United  States  in  general  and  to  each  of 
them  in  particular.  We  pray  God,  very  dear  and  very 
great  friends  and  allies,  to  have  you  in  his  holy  keeping. 
Your  good  friend  and  ally, 

LOUIS. 
GRAVIER  DE  VERGENNES. 


FROM  RICHARD  HENRY  LEE    TO    BENJAMIN  FRANKLIN, 
PARIS. 

Trenton,  December  14,  1784. 

Sir, 

1  have  the  honor  to   enclose  to  your  Excellency   a 
resolve  of  Congress  passed  this  day,  the  arrival  of  which 


134  PRESIDENT  OF  CONGRESS. 

in  due  season  to  prevent  the  signing  of  the  convention 
alluded  to,  until  an  opportunity  of  reconsidering  it  in  full 
Congress  may  be  had,  will  be  very  agreeable  to  that 
body. 

I  have  the  honor  to  be,  &tc. 

RICHARD  HENRY  LEE. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 
December  14,  1784. 

"  On  motion  of  Mr.  Jay,  seconded  by  Mr.  Gerry, 
Resolved  unanimously,  eight  States  only  being  repre- 
presented,  That  his  Excellency  the  President  inform  the 
Minister  Plenipotentiary  of  the  United  States  at  the 
Court  of  France,  that  it  is  the  desire  of  Congress,  in 
case  the  convention  proposed  for  regulating  and  asce> 
taining  the  powers  and  privileges  of  Consuls,  should  not 
be  already  signed,  that  he  delay  signing  it  until  he 
shall  receive  further  instructions  on  the  subject  from 
Congress.  " 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 

December  15th,  1784. 

"  The  Charge  d' Affaires  of  France  having  sent  to  Con- 
gress a  note,  with  sundry  papers  enclosed,  of  which  the 
following  are  translations : 

The  undersigned,  Charge  d'Affaires  of  France,  has 
the  honor  to  present  to  Congress  a  letter  of  Don  Fran- 


DIPLOMATIC  CORRESPONDENCE.  135 

cisco  Rendon,  Agent  of  the  Court  of  Madrid.  This 
letter,  and  the  extract  accompanying  it,  relate  to  the 
limits  of  Louisiana  and  the  Floridas,  as  well  as  to  the 
navigation  of  the  Mississippi.  The  undersigned  has  the 
honor  to  assure  Congress,  that  the  King  will  see,  with 
great  pleasure,  every  measure  which  shall  be  taken  to 
consolidate  and  maintain  a  good  understanding  between 
his  Catholic  Majesty  and  the  United  States. 

DE  MARBOIS. 
Philadelphia,  19th  Nov.  1784. 


Translation  of  the  enclosed  letter. 

FROM  FRANCISCO  RENDON  TO  THE  PRESIDENT  OF 
CONGRESS. 

Sir, 

I  have  the  honor  to  communicate  to  your  Excellency 
an  extract  of  a  letter  which  I  have  lately  received  from 
Don  Joseph  de  Galvez,  Minister  of  his  Catholic  Majesty 
for  the  Department  of  the  Indies.  I  beg  you  will  be 
pleased  to  lay  it  before  Congress,  and  communicate  the 
contents  to  the  Governor  and  President  of  the  several 
States.  His  Majesty  is  persuaded  that  Congress  will 
admit  the  justice  of  a  claim,  which  is  founded  on  all  the 
rights  which  an  entire  conquest  and  an  uninterrupted 
possession  can  give  to  any  power ;  and  that  they  will 
agree  that  the  cession  of  the  navigation  of  the  Missis- 
sippi, made  by  the  King  of  Great  Britain  to  the  United 
States  in  the  treaty  of  1783,  can  have  no  real  force, 
unless  the  Catholic  King,  my  master,  to  whom  the  naviga- 
tion of  that  river  belongs,  shall  think  proper  to  ratify  it.  I 


136  PRESIDENT  OF  CONGRESS. 

see  with  pleasure,  by  the  contents  of  the  extract  enclosed, 
that  there  is  a  probability  that  Spain  and  the  United 
States  will  very  soon  confirm,  by  a  solid  and  durable 
treaty,  that  friendship  which  has  already  for  several 
years  subsisted  between  the  two  nations.  I  hope  that 
all  objects  about  which  there  is  any  doubt  will  then  be 
settled  and  terminated  to  the  mutual  satisfaction  of  his 
Majesty  and  Congress. 

I  have  the  honor  to  be,  &ic. 

FRANCISCO  RENDON. 


Extract  of  a  letter  from  Don  Joseph  de  Galvez,  Minister 
of  his  Catholic  Majesty  for  the  Department  of  the  In- 
dies, to  Don  Francisco  Rendon,  dated 

Aranjuez,  June  26,  1784. 

"  Until  the  limits  of  Louisiana  and  the  two  Floridas 
shall  be  settled  and  determined  with  the  United  States  of 
America,  his  Majesty  commands  that  you  should  give 
the  States  and  Congress  to  understand,  that  they  are  not 
to  expose  to  process  and  confiscation  the  vessels  which 
they  destine  to  carry  on  commerce  on  the  river  Missis- 
sippi, in  as  much  as  a  treaty  concluded  between  the 
United  States  and  England,  on  which  the  former  ground 
their  pretensions  to  the  navigation  of  that  river,  could 
not  fix  limits  in  a  territory  which  that  power  did  not 
possess,  the  two  borders  of  the  river  being  already  con- 
quered and  possessed  by  our  arms  the  day  the  treaty 
was  made,  namely,  the  30th  November,  1782.  This 
order  I  communicate  to  you  that  you  may  conform  your- 
self thereto." 

JOSEPH  DE  GALVEZ. 


DIPLOMATIC  CORRESPONDENCE.  137 

Extract  from  the  Secret  Journal  of  Foreign  Affairs. 
December  15th,  1784. 

"  The  Committee  to  whom  was  referred  a  note,  dated 
19th  November,  from  M.  De  Marbois,  Charge  d'Affaires 
of  France,  with  the  papers  enclosed,  delivered  in  a  re- 
port :  Whereupon, 

Resolved,  That  the  Secretary  for  Foreign  Affairs  be 
instructed  to  inform  M.  De  Marbois,  Charge  d'Affaires 
of  France,  that  the  United  States  in  Congress  assembled 
have  received  his  note  of  the  19th  November,  with  the 
papers  enclosed,  and  are  happy  in  the  assurance  given 
that  his  most  Christian  Majesty  will  see  with  pleasure 
measures  taken  to  consolidate  and  maintain  a  good  under- 
standing between  his  Catholic  Majesty  and  the  United 
States ;  and  they  flatter  themselves  that  their  disposition 
and  endeavors  to  cultivate  the  friendship  of  the  Catholic 
King  will  produce  the  desired  effect. 

That  Congress  have  a  high  confidence  in  the  justice 
of  his  Catholic  Majesty,  and  rely  that  he  will  submit  the 
mutual  rights  of  Spain  and  the  United  States  of  America 
to  amicable  discussion,  without  adopting  measures  which 
may  prejudice  those  rights." 

December  llth. 

"  That  it  is  necessary  a  Minister  be  commissioned  to 
represent  the  United  States  at  the  Court  of  Madrid,  for 
the  purpose  of  adjusting  the  interfering  claims  of  the  two 
nations  respecting  the  navigation  of  the  Mississippi,  and 
other  matters  highly  interesting  to  the  peace  and  good 
understanding  which  ought  to  subsist  between  them." 
VOL.  i.— 18 


138  PRESIDENT  OF  CONGRESS. 

"Ordered,  That  the  Committee  who  brought  in  the 
report,  prepare  a  draft  of  instructions  to  the  Minister  to 
represent  the  United  States  at  the  Court  of  Madrid." 


CORRESPONDENCE 

OF 

JOHN  JAY, 

SECRETARY     FOR     VOIIEIGN     A  F  F  A  I  II  S, 


MONSIEUR  DE  MARBOIS, 

CHAROK   D'AFFAIRES  of  HIS  MOST   CHRISTIAN   MAJEBTT, 


FROM   MONSIEUR    DE    MARBOIS. 

Translation. 

Philadelphia,  December  1,  1784. 

The  Chevalier  De  la  Luzerne,  and  since  his  depar- 
ture, the  undersigned,  Charge  d' Affaires,  of  his  Ma- 
jesty, have  received  frequent  orders  to  press  the  officers, 
agents  and  other  accountants,  employed  for  the  service  of 
the  land  and  sea  service  on  this  continent,  during  the  late 
war,  to  render  their  accounts.  These  agents  and  others 
delay  rendering  their  accounts  for  divers  causes ;  but  most 
of  them  allege  the  difficulty  they  meet  with  in  bringing 
to  account  the  agents  or  correspondents  in  America, 
whom  they  have  employed.  They  add,  that  when  process 
is  commenced  for  settling  the  accounts  between  them  and 
the  Americans,  the  latter  avail  themselves  of  the  slow- 
ness in  the  usual  forms  of  justice,  in  order  to  gain  time, 
and  fatigue  their  adversaries  with  all  sorts  of  delays, 
until  their  affairs  indispensably  call  them  to  France  and 
force  them  to  submit  to  an  unjust  accommodation. 


140    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

Whatever  may  be  the  grounds  of  these  allegations, 
the  undersigned  has  the  honor  to  inform  Congress,  that 
the  agents'  agents  employed  on  this  continent,  by  refus- 
ing to  render  their  accounts,  put  it  out  of  the  power  of 
the  treasurers  general  of  the  department  of  war  and 
marine,  to  settle  theirs,  and  of  consequence  that  the 
distribution  of  prizes  cannot  be  made  to  the  officers  and 
seamen  of  the  different  squadrons.  To  remove  every 
pretext  or  excuse  from  the  agents,  the  undersigned 
entreats  that  Congress  would  be  pleased  to  consider 
whether  it  might  not  be  proper  for  them  to  recommend 
to  the  several  States,  the  passing  of  laws,  for  determining 
in  a  summary  way,  in  their  superior  courts,  the  differ- 
ences of  this  nature  which  exist,  or  may  arise  on  account 
of  the  fleet  and  army  of  his  Majesty  during  the  late  war. 
If  Congress  shall  think  proper  to  adopt  this  measure,  the 
undersigned  prays  that  they  would  be  pleased  not  to 
delay  the  recommendations  to  the  several  States,  which 
are  now  assembled  in  their  legislative  capacity,  and  he 
considers  this  as  the  principal  means  of  executing  the 
orders  he  has  received,  not  to  admit  of  any  further  delay 
of  the  agents  of  the  French  fleet  and  army,  in  rendering 
their  accounts. 

DE  MARBOIS. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 
December  16th,  1784. 

"On  the  report  of  a  Committee,  consisting  of  Mr. 
Jay,  Mr.  Gardner,  and  Mr.  Ellery,  to  whom  was  referred 
a  note  from  the  Charge  d' Affaires  of  his  most  Christian 


DIPLOMATIC  CORRESPONDENCE.  141 

Majesty,  dated  the  1st  December,  1784,  respecting  de- 
lays and  difficulties  complained  of  by  French  Agents,  in 
settling  their  accounts  in  this  country, 

Resolved,  That  copies  of  the  said'  note  be  immediately 
sent  to  the  different  States ;  and  that  it  be  recommended 
to  them  to  pass  such  remedial  laws  on  the  subject  as 
their  respective  constitutions  may  permit,  and  that  a 
copy  of  this  resolution  be  transmitted  to  the  said  Charge 
d' Affaires." 


FROM    MONSIEUR   DE    MARBOIS. 

Translation. 

Trenton,  December  7th,  1784. 

The  undersigned,  Charge  d' Affaires  of  France,  has 
the  honor  to  present  to  Congress  the  demands  of  the 
heirs  of  three  French  officers,  who  died  in  the  service  of 
the  United  States  during  the  late  war.  The  first  relates 
to  the  late  M.  de  la  Radiere,  Colonel  in  the  Corps  of 
Engineers.  The  undersigned,  in  virtue  of  full  powers 
from  the  heir  of  this  officer,  has  had  his  accounts  settled 
by  M.  Pierce,  from  which  it  appears  that  on  the  17th  Nov. 
1779,  the  time  of  his  death,  there  was  due  to  him  a  bal- 
ance of  $2657  30  specie.  His  brother,  who  is  his  sole 
heir,  expects  that  balance  should  be  paid  to  him  in  certifi- 
cates and  ready  money,  as  has  been  done  to  the  officers 
of  the  Corps  of  Engineers  who  have  quitted  the  service. 
But  to  this  is  opposed  a  resolution  of  Congress  of  10th 
April,  1780,  which  excludes  all  officers,  &c.  who  were 
not  in  service  on  that  day,  from  any  benefit  arising  from 
depreciation  on  pay,  &c.  The  undersigned  entreats  that 
Congress  would  be  pleased  to  consider  that  M.  de  la  Ra- 


142         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

diere  did  not  quit  the  service,  but  died  in  it;  and  he  is  de- 
sirous to  transmit  to  the  heir  of  this  officer,  a  favorable 
resolution  touching  the  demand  made. 

The  second  demand  is  presented  to  Congress  by  the 
undersigned,  in  the  name  of  the  heirs  and  creditors  of  the 
late  Colonel  Malmedy,  who  died  in  the  service  of  the 
United  States.  The  Charge  d'AfFaires  of  France  has 
in  his  possession  a  certificate  issued  by  Mr.  Nourse,  on 
the  settlement  of  the  accounts  of  the  deceased,  amount- 
ing to  the  sum  of  2,420  dollars,  bearing  an  interest  of  six 
per  cent,  per  annum.  He  begs  that  Congress  will  be 
pleased  to  order  this  certificate  to  be  converted  into  a  con- 
tract which  may  be  negotiated  to  the  advantage  of  the 
heirs  and  creditors  of  M.  de  Malmedy,  or  that  other  mea- 
sures may  be  taken  conformable  to  the  regulations  adopt- 
ed by  Congress  in  similar  cases. 

The  undersigned  has  .also  the  honor  to  remind  Con- 
gress of  the  reiterated  demands  made  by  the  Chevalier 
de  la  Luzerne,  touching  the  debt  due  by  the  United 
States  to  the  widow  and  children  of  the  late  General 
Baron  de  Kalb.  Congress  will  be  pleased  to  recollect 
that  this  officer  being  charged,  in  1780,  with  command  of 
a  Division  marching  to  the  South,  received  from  M.  Pal- 
frey 226,000  dollars,  for  the  purpose  of  defraying  arrears 
of  clothing,  and  the  expenses  of  the  Maryland  Line  on 
their  march  to  the  Southward — he  to  be  accountable. 
General  De  Kalb  having  been  slain  in  the  battle  of  Cam- 
den,  and  his  papers  falling  into  the  hands  of  the  enemy, 
it  has  not  been  possible  to  recover  the  vouchers  to  prove 
the  expenditure  of  the  money  received.  The  undersign- 
ed entreats  Congress  to  consider  whether  it  would  not  be 
just  to  authorize  the  Department  of  War  to  pass  this'  sum 


DIPLOMATIC  CORRESPONDENCE.  143 

in  account  as  employed  for  the  purpose  designed;  and  he 
entreats  that  Congress  would,  at  the  same  time,  determine 
what  they  think  ought  in  justice  to  be  done  in  favor  of 
the  widow  and  children  of  the  late  General,  agreeably  to 
the  rules  established  by  Congress  in  cases  of.  a  like  na- 
ture. 

DE  MARBOIS. 


Extract  from  the    Secret  Journal  of  Foreign  Affairs, 
December  16th,  1784. 

"  On  the  report  of  a  Committee,  consisting  of  Mr. 
Jay,  Mr.  Gardner,  and  Mr.  Ellery,  to  whom  was  referred 
a  note  from  the  Charge  d'Affaires  of  his  most  Christian 
Majesty,  dated  7th  December,  1784,  respecting  the  de- 
mands of  the  heirs  of  three  French  officers  who  died  in 
the  American  service, 

Resolved,  That  the  various  and  important  objects  of 
national  concern,  which  at  present  engage  the  attention 
of  Congress,  will  not  permit  them  to  examine  and  ascer- 
tain the  facts  on  which  the  propriety  of  the  demand  in 
question  must  be  decided ;  and,  therefore,  that  the  same 
be  referred  to  the  Paymaster  General,  with  orders  to 
examine  and  ascertain  the  justice  of  the  said  demands 
with  all  possible  expedition,  and  report  thereon  to  Con- 


144         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 
FROM   MONSIEUR   DE    MARBOIS. 

Translation. 

Trenton,  December  7,  1784. 

The  underwritten,  Charge  d' Affaires  of  France,  has 
the  honor  to  inform  Congress,  that  he  has  received  some 
communications  relative  to  a  debt  contracted  on  account 
of  the  continental  frigate,  the  Confederacy,  with  the 
treasurer  general  of  the  navy  of  the  King.  This  frigate 
being  at  Martinique,  in  1779,  Sieur  Borde,  the  corres- 
pondent of  the  Commissary  General,  made  advances 
amounting  to  64,067  livres,  12  sous,  2  d'rs.  for  provi- 
sions and  refreshments  necessary  to  the  crew;  he  was 
reimbursed  by  drafts  upon  the  Commissary,  who,  consid- 
ering the  transaction  as  foreign  to  the  service,  refused  to 
accept  them,  and  sent  the  bearer  to  Mr.  Franklin,  who 
did  not  pay  them.  These  bills  were  about  to  be  pro- 
tested, and  to  prevent  the  inconveniences  which  would 
have  resulted  from  the  protest,  to  the  navy  of  the  United 
States,  in  similar  cases.  The  Treasurer-General  of  the 
marine  paid  them  when  they  became  due.  He  now 
requests  that  the  expenditure  may  be  accounted  for,  and 
the  undersigned  prays  Congress  to  inform  him,  in  what 
manner  the  advances  made  for  the  United  States  will  be 
refunded.  The  person  responsible,  being  under  the  ne- 
cessity of  rendering  his  accounts  regularly,  the  under- 
signed entreats  of  Congress,  that  they  will  be  pleased,  as 
soon  as  possible,  to  act  upon  the  reclamation  which  he 
has  submitted.  DE  MARBOIS. 


DIPLOMATIC  CORRESPONDENCE.  145 

Extract  from  the  Secret  Journal  of  Foreign  Affairs, 
December  16th,  1784. 

"  On  the  report  of  a  Committee,  consisting  of  Mr. 
Jay,  Mr.  Gardner,  and  Mr.  Ellery,  to  whom  was  referred 
a  note  from  the  Charge  d' Affaires  of  his  most  Christian 
Majesty,  respecting  moneys  advanced  for  refitting  the 
American  frigate  Confederacy, 

'Resolved,  That  the  said  note  be  referred  to  the  Com- 
missioner for  settling  accounts  in  the  Marine  department, 
and  that  he  be  ordered  to  report  thereon  to  Congress 
without  delay." 


FROM    JOHN    JAY    TO    MONSIEUR    DE    MARBOIS. 

Office  of  Foreign  Affairs,     > 
Trenton,  December  22,  1784.  5 
Sir, 

Having  accepted  the  place  of  Secretary  for  Foreign 
Affairs,  it  becomes  my  duty  to  inform  you  that  Congress 
will  adjourn  to-morrow  to  meet  at  the  City  of  New- York 
on  Tuesday,  the  llth  day  of  January  next. 

I  have  the  honor  to  be,  &ic. 

JOHN  JAY. 


VOL.  i.— 19 


146         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 
FROM  MONSIEUR    DE  MARBOIS  TO  JOHN  JAY. 

Translation. 

Trenton,  December  24,  1784. 
Sir, 

On  my  arrival  in  this  city,  I  was  informed  by  his 
Excellency  the  President  of  Congress,  that  you  had 
accepted  the  office  of  Secretary  for  Foreign  Affairs. 
This  news  has  caused  me  great  pleasure,  from  the 
satisfaction  which  it  will  give  to  my  court,  as  well  as 
on  account  of  the  advantages  which  the  United  States 
will  derive  from  your  ministry.  I  hope  to  have  the  honor 
of  complimenting  you  personally  at-  New  York,  in  the 
course  of  the  month  of  February'  next,  ensuing. 

As  I  shall  quit  Philadelphia  about  that  time,  I  ought 
to  inform  you,  that  agreeably  to  the  intentions  of  Con- 
gress, the  portraits  of  the  King  and  Queen,  presented  by 
his  Majesty  to  that  assembly,  have  been  deposited  in 
my  house  to  remain  there,  until  they  can  be  placed  in 
the  situation  which  Congress  shall  make  its  residence.  I 
beg  you  to  be  pleased  to  inform  me,  what  may  be  the 
intentions  of  Congress  with  respect  to  the  destination  of 
these  pictures  after  the  month  of  March  next. 
I  am,  with  respect,  &c. 

DE    MARBOIS. 


DIPLOMATIC  CORRESPONDENCE.  147 


FROM  JOHN  JAY  TO  MONSIEUR  DE  MARBOIS. 

Office  of  Foreign  Affairs,      7 
New  York,  December  28,  1784.$ 

Sir, 

I  received  yesterday  the  letter  which  you  did  me  the 
honor  to  write  on  the  24th  inst.  two  days  before  which  I 
wrote  to  you  by  the  post,  that  I  had  accepted  the  place 
of  Secretary  for  Foreign  Affairs,  and  that  Congress  would 
the  next  day  adjourn  to  meet  at  this  place  on  the  llth 
day  of  next  month.  Accept  my  thanks  for  the  obliging 
terms  in  which  you  mention  this  appointment,  and  be 
assured  that  every  occasion  of  promoting  and  confirming 
mutual  confidence  and  friendship  between  our  countries 
will  give  me  pleasure. 

I  shall  take  the  earliest  opportunity  of  communicating 
to  Congress  the  arrival  of  their  most  Christian  Majesties' 
portraits,  with  which  the  King  has  been  pleased  to  pre- 
sent them,  and  I  flatter  myself  with  being  soon  enabled 
to  convey  to  you  the  pleasing  sense  with  which  that 
obliging  mark  of  his  royal  attention  will  have  impressed 
them. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


FROM  MONSIEUR  DE  MARBOIS  TO  JOHN  JAY. 

Translation. 

New  York,  January  27,  1785. 

It  is  much  to  be  desired  that  Congress  would  direct  to 
be  communicated  to  the  Charge  d' Affaires  of  France, 
those  measures  which  have  been,  or  are  about  to  be 


148    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

taken,  in  consequence  of  the  note  which  he  had  the 
honor  to  transmit  in  the  beginning  of  the  month  of 
December  last,  upon  the  affairs  of  Spain. 

Mr.  Rendon  entertains  the  opinion  that  his  court  will 
be  disposed  to  cede  that  portion  of  the  Floridas,  which, 
by  the  treaty  between  Great  Britain  and  the  United 
States,  has  been  assigned  to  the  United  States.  But  he 
does  not  believe  that  his  court  will  make  this  cession  in 
consideration  of  that  treaty.  He  thinks  it  should  be 
regarded  only  as  a  continuance  of  the  desire  with  which 
his  master  is  animated,  to  give  to  the  United  States  a 
proof  of  his  good  will  and  friendship.  He  farther  believes 
that  the  port  of  New  Orleans  may  be  opened  to  the 
American  commerce  and  navigation  by  the  Mississippi. 

Mr.  Rendon  however  gives  these  conjectures  only  as 
his  private  opinion,  declaring  he  has  no  instructions  upon 
the  subject. 

Whether  Mr.  Bingham  has  been  reimbursed  the  ad- 
vances made  by  the  correspondent  of  the  Commissary 
General  for  the  Frigate  Confederacy  ?  If  he  has  been, 
in  what  manner  ought  the  payment  of  the  correspondent 
to  operate  in  the  absence  of  Mr.  Bingham? 

The  commerce  between  France  and  her  colonies  on 
the  one  part,  and  the  United  States  on  the  other,  having 
been  regulated  by  a  treaty,  it  can  only  be  modified  after 
a  full  examination  of  the  changes  which  will  be  proposed; 
and  the  Charge  d' Affaires  of  France  will  receive  with 
much  pleasure  any  communications  which  Mr.  Jay  may 
make  him  upon  the  subject.  He  can  assure  him  in  advance, 
that  the  United  States  will  experience  on  the  part  of  the 
Government  of  France,  every  facility  in  accordance  with 
the  advantage  of  the  subjects  of  the  Kingdom  and  the 
established  system. 


DIPLOMATIC  CORRESPONDENCE.  149 

The  American  Plenipotentiaries  have  probably  already 
informed  Congress  of  the  new  proof  which  his  Majesty 
gives  of  his  affection  and  friendship  to  the  United  States, 
in  opening  to  them  the  ports  of  the  Isles  of  France  and 
Bourbon,  heretofore  closed.  The  American  merchants 
and  navigators  can  now  proceed  there  from  the  ports  of 
this  continent,  where  they  will  be  received ;  they  can 
there  obtain  refreshments,  dispose  of  a  part,  or  the  whole 
of  their  cargoes,  or  continue  their  voyage  to  the  Indies  or 
China.  They  can,  on  their  return,  again  touch  at  those 
Islands,  and  sell  the  whole  or  a  part  of  their  cargoes. 
They  will  be  privileged,  also,  to  provide  themselves  with 
the  merchandize  and  productions  of  these  two  colonies. 
It  is  hoped  that  the  reciprocal  advantages,  which  will 
result  from  these  arrangements,  may  operate  with  the 
Court  of  Versailles  to  render  them  permanent. 

Without  repeating  here  what  the  Charge  d' Affaires  of 
France  had  the  honor  to  mention  to  Mr.  Jay,  he  restricts 
himself  to  engage  him  to  make  his  report  of  it,  in  order 
that  Congress  may  judge  of  the  necessity  of  fulfilling 
their  engagements ;  and  to  entreat  him  to  communicate 
such  measures  as  may  be  enacted  on  this  subject. 

Different  notes  on  this  subject,  have  been  presented  to 
the  Congress.  Mr.  Jay  is  entreated  to  bring  them  again 
to  notice.  He  will  there  see  the  situation  to  which  many 
French  merchants  are  reduced,  by  reposing  confidence  in 
the  faith  of  the  United  States'.  By  refering  to  the 
Journals  of  Congress,  he  will  find,  that  that  body  has 
recommended  to  the  different  States  to  enact  laws  in 
order  to  raise  the  necessary  sums,  for  the  payment  of  the 
interest  of  the  loan  office  certificates,  held  by  foreigners. 
In  effect  some  laws  have  been  passed  for  that  purpose, 
particularly  in  Pennsylvania ;  but  in  this  very  State  they 


150         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

have  excluded  foreigners  from  a  dividend,  notwithstanding 
the  pressing  remonstrances  of  the  Minister,  and  subse- 
quently of  the  Charge  d' Affaires  of  the  King.  It  appears 
that  Congress  is  at  present  occupied  with  this  business, 
in  consequence  of  the  last  note  transmitted.  As  the 
Assembly  of  Pennsylvania  is  about  to  meet,  and  as  they 
appear  disposed  to  pay  the  holders  of  certificates,  who 
are  inhabitants  of  that  State,  he  is  desirous  that  Congress 
may  address  new  recommendations,  or  rather  that  they 
would  assign  a  fund  for  the  payment,  as  it  appears  the 
State  is  not  disposed  to  conform  to  the  recommendations 
which  have  been  made. 

The  Charge  d' Affaires  of  the  King  has  had  the  honor 
to  transmit  to  Congress  a  note  bearing  date  the  7th  of 
last  December;  relating  to  the  claims  of  the  heirs  of 
different  French  officers.  Congress  resolved  on  the  16th 
of  the  same  month  to  refer  the  subject  to  the  Paymaster 
General,  with  instructions  to  report  thereupon  as  prompt- 
ly as  possible.  Mr.  Jay  will  have  the  goodness  to  com- 
municate to  the  Charge  d'Affaires  of  France,  the  present 
state  of  this  business. 

DE  MARBOIS. 


FROM  MONSIEUR  DE  MARBOIS  TO  JOHN  JAY. 

Translation. 

New  York,  January  28,  1785. 
Sir, 

I  have  the  honor  to  send  you  a  note,  where  I  have 
recapitulated,  in  a  few  words,  the  principal  points  of  the 
conference  which  I  had  the  honor  to  hold  with  you  yes- 
terday. I  have  there  also  mentioned  some  other  points 


DIPLOMATIC  CORRESPONDENCE.  151 

which  we  were  prevented  from  discussing.  I  shall  be 
very  grateful  for  any  attention  you  may  give  to  those 
different  subjects.  I  have  also  the  honor  to  transmit  to 
you  the  originals  of  the  pieces  relative  to  the  prosecution 
of  Lohgchamps.  I  entreat  you  to  accept  the  communi- 
cation, and  if  it  is  necessary,  to  make  it  likewise  to  Con- 
gress, whenever  I  shall  have  the  honor  to  address  you 
officially  a  demand  for  the  surrender  of  the  culprit.  I 
wish,  sir,  to  consult  with  you  upon  my  conduct  in  this 
affair,  in  order  to  prevent  its  occasioning  any  interruption 
of  communication  between  the  two  powers,  and  if  possi- 
ble to  prevent  any  coldness,  which  appears  to  me  much 
to  be  apprehended,  if  the  King  does  not  obtain  satisfac- 
tion. If  ulterior  explanations  should  be  required,  touch- 
ing any  of  the  different  subjects  upon  which  I  have  had 
the  honor  to  converse  with  you,  I  will  hasten  to  give 
them. 

I  am,  with  respectful  attachment,  &c. 

DE  MARBOIS. 


NOTE  FROM  MONSIEUR  DE  MARBOIS  TO  JOHN  JAY. 

Translation. 

Monsieur  De  Marbois  presents  his  respects  to  Mr.  Jay, 
and  has  the  honor  to  communicate  to  him  an  extract  of 
a  letter  from  France,  which  he  did  not  receive  until  to 
day,  on  account  of  its  having  taken  the  route  of  Phila- 
delphia. He  places  some  reliance  upon  the  news  which 
it  contains. 

Monday  morning. 


152         JOHN  JAY— SEC.   FOR  FOREIGN  AFFAIRS. 

Translation. 

Paris,  12th  of  the  9th  month,  1784. 

"  The  affairs  of  Holland  continue  to  give  us  much 
inquietude.  The  government  of  the  Low  Countries  has 
despatched  many  vessels  which  have  been  stopped  by 
the  Dutch  upon  the  Scheldt.  The  Count  d'Ochra  has 
been  very  active  here;  but  it  is  yet  unknown  what  he 
has  done,  and  whether  we  shall  be  reconciled  to  the  King, 
his  brother.  The  Imperial  troops  approach,  but  not  in 
great  numbers,  as  the-  Emperor  cannot,  without  impru- 
dence, weaken  himself  on  the  side  of  Prussia.  Lux- 
emburg is  destitute  of  troops  and  the  militia  there  mount 
guard.  It  is  hoped  that  the  prudence  of  our  Minister 
will  arrange  this  important  affair.  With  respect  to  the 
Hollanders,  it  is  not  the  navigation  of  the  Scheldt  alone 
which  is  involved ;  if  they  suffer  their  rights  and  privi- 
leges to  be  attacked  on  one  point,  the  next  attempt  will 
be  perhaps  upon  their  independence." 


FROM  JOHN  JAY  TO  MONSIEUR  DE  MARBOIS. 

Office  for  Foreign  Affairs,      ? 
New  York,  January  31,  1785.  5 
Sir, 

I  have  been  favored  with  your  note  of  this  date  enclos- 
ing an  extract  of  a  letter  from  Paris  of  the  12th  Novem- 
ber last,  for  which  I  thank  you,  and  which  I  shall  com- 
municate to  Congress  in  the  morning. 

Agreeably  to  an  act  of  Congress  of  the  15th  ult.  a 
copy  of  which  was  delivered  to  me  this  day,  I  have  the 
honor  to  inform  you  that  the  United  States,  in  Congress 


DIPLOMATIC  CORRESPONDENCE.  153 

assembled,  have  received  your  note  of  the  19th  Novem- 
ber, with  the  papers  enclosed,  and  are  happy  in  the 
assurance  given  that  his  most  Christian  Majesty  will  see, 
with  pleasure,  measures  taken  to  consolidate  and  maintain 
a  good  understanding  between  his  Catholic  Majesty  and 
the  United  States,  and  they  flatter  themselves  that  their 
disposition  and  endeavors  to  cultivate  the  friendship  of 
the  Catholic  King  will  produce  the  desired  effect.  That 
Congress  have  a  high  confidence  in  the  justice  of  his 
Catholic  Majesty,  and  rely  that  he  will  submit  the  mutual 
rights  of  Spain  and  the  United  States  of  America  to 
amicable  discussion,  without  adopting  measures  which 
may  prejudge  those  rights. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


FROM  MONSIEUR  DE  MARBOIS  TO  JOHN  JAY. 

Translation. 

New  York,  February  10,  1785. 
Sir, 

I  have  the  honor  to  address  you  a  note  wherein  I 
demand  the  surrender  of  Sieur  Longchamps.  The  papers 
which  I  have  had  the  honor  to  transmit  to  you  justify 
the  demand  which  I  make,  and  I  entreat  you  to  return 
them  to  me  when  no  longer  necessary  to  you.  If  Con- 
gress desire  the  perusal,  it  will  suffice  if  they  are  returned 
by  the  20th  of  the  month. 

I  have  had   the  honor  to  confide  to  you  the  steps 
taken  by  Madame  De  Marbois  since  the  4th  of  January 
last,  and  those  which  I  propose  to  take  in  favor  of  the 
VOL.  i.— 20 


154         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

culprit,  as  soon  as  Congress  shall  have  accorded  the 
satisfaction  demanded  by  the  King.  I  endeavor,  while 
there  is  yet  time,  to  prevent  bad  consequences  from  an 
affair  which  appears  to  have  been  excited  designedly. 
But  evil  disposed  persons  apply  themselves  in  the  mean- 
time to  inflame  the  minds  of  the  people  in  Philadelphia, 
by  false  representations  published  in  the  gazettes,  and 
re-published  in  those  of  New  York.  Although  similar 
publications  have  taken  place  throughout  the  whole 
course  of  this  affair,  I  was  not  willing  that  any  reply 
should  be  made,  notwithstanding  the  advantages  of  every 
kind  which  my  situation  gave  me,  and  there  not  being 
the  slightest  pretext  to  colour  the  attempt.  I  rely  en- 
tirely upon  the  justice  of  Congress,  and  their  respect  for 
the  rights  of  nations,  violated  in  an  unexampled  manner. 
Notwithstanding  the  efforts  of  the  evil-minded  to  produce 
a  coldness  between  the  King  and  the  United  States,  I 
am  not  the  less  determined,  even  to-day,  to  pursue  the 
plan  which  I  had  formed,  to  solicit  the  clemency  of  the 
King,  as  far  as  may  be  consistent  with  the  inviolability 
due  to  public  Ministers.  But  the  publications  which  take 
place  in  the  newspapers,  tend  to  prevent  the  effect  of 
those  measures.  I  do  not  doubt,  sir,  that  you  will  unite 
with  me  cordially  in  all  which  can  contribute  to  the 
maintenance  of  a  good  understanding,  and  I  entreat  you 
to  consider  maturely  the  part  which  ought  to  be  taken  to 
arrest  the  licentiousness  of  the  press. 

I  am  with  respect,  &c. 

DE  MARBOIS. 


DIPLOMATIC  CORRESPONDENCE.  155 

MONSIEUR   DE    MARBOIS    TO    JOHN    JAY. 

Translation. 

New  York,  February  10,  1785. 
Sir, 

I  have  the  honor  to  transmit  to  Mr.  Jay  an  anonymous 
letter  which  I  received  by  yesterday's  post.  I  am  very 
doubtful  whether  it  has  been  written  with  good  intention. 
Such  as  it  is,  I  thought  proper  to  communicate  it  to  the 
Honorable  Secretary  for  Foreign  Affairs. 

DE  MARBOIS. 


Translation. 

Philadelphia,  February  4,    1785. 
«  Sir, 

My  attachment  for  you  and  the  public  good,  induces 
me  to  inform  you,  that  you  will  not  be  safe  in  returning 
here.  The  friends  of  Longchamps  are  enraged  at  the 
steps  which  it  is  said  you  have  taken  against  him.  It  is 
reported  that  if  you  return,  they  mean  to  take  violent 
measures  against  you,  and  he  himself  threatens  to  be 
revenged  in  an  exemplary  manner,  as  soon  as  he  is  at 
liberty.  I  believe  it  would  be  unwise  in  you,  to  neglect 
any  precaution  with  respect  to  your  safety.  I  pray  you 
to  reflect  that  this  man  has  nothing  to  lose,  that  he  has 
no  means  of  living,  and  that  his  debts  already  exceed 
the  property  of  his  wife.  The  most  desperate  courses 
are  the  best  for  him.  I  do  not  sign  my  name,  because  I 
should  thereby  expose  myself  to  people  who  have  told 
me  their  projects  as  a  great  secret." 

I  am  with  profound  respect,  &c. 


156         JOHN  JAY-SEC.  FOR  FOREIGN  AFFAIRS. 

FROM    JOHN    JAY    TO    MONSIEUR    DE    MARBOIS. 

New  York,  February  11,  1785. 
Sir, 

I  have  received  the  letters  which  you  did  me  the  honor 
to  write  yesterday,  together  with  the  anonymous  one  of 
which  you  make  mention. 

I  have  this  morning  transmitted  them  to  his  Excel- 
lency the  President  to  be  laid  before  Congress,  and  shall 
take  the  earliest  opportunity  of  communicating  to  you, 
the  result  of  their  deliberations  on  the  interesting  subjects 
of  them. 

I  have  the  honor,  &c. 

JOHN  JAY. 


FROM  MONSIEUR  DE  MARBOIS  TO  JOHN  JAY. 

Translation. 

The  undersigned,  Charge  d'Affaires  of  France,  has  the 
honor  to  inform  Congress,  that  his  Majesty  demands, 
that  the  Sieur  Longchamps,  his  subject,  shall  be  sent  to 
France,  in  order  to  be  tried  there.  The  crime  of  this 
individual  being  known  to  Congress,  the  undersigned 
will  enter  into  no  detail  upon  the  subject;  but  limits 
himself  to  assure  that  Assembly,  in  conformity  with 
the  order  he  has  received,  that  the  United  States  will  be 
permitted  to  exercise  an  entire  reciprocity,  if  there 
should  ever  happen  in  France  a  similar  or  analagous  case 
with  respect  to  their  Ministers  or  public  officers. 

BARBE  DE  MARBOIS. 


DIPLOMATIC  CORRESPONDENCE.  157 


FROM    JOHN    JAY    TO  THE    PRESIDENT  OF  CONGRESS. 
New  York,  February  11,   1785. 
Sir, 

I  have  the  honor  of  transmitting  to  your  Excellency, 
herewith  enclosed,  the  following  papers  which  I  received 
yesterday  from  M.  De  Marbois,  viz:  a  note  demanding 
the  surrender  of  M.  Longchamps,  a  letter  on  that  subject 
and  on  certain  publications  respecting  it,  and  another 
letter  enclosing  an  anonymous  one,  which  had  been  sent 
to  him.  All  of  which  I  think  it  my  duty  to  lay  before 
Congress  without  delay. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


The  Secretary  of  the  United  States  for  the  Department 
of  Foreign  Affairs,  to  whom,  on  the  14th  instant,  was 
referred  the  requisition  of  the  Charge  d' Affaires  of 
France,  that  a  certain  Charles  Julian  de  Longchamps 
(now  in  custody  at  Philadelphia,  in  pursuance  of  the 
judgment  of  a  court  of  law  against  him,)  be  delivered 
up  to  his  most  Christian  Majesty,  reports  thereupon  as 
his  opinion, 

That  it  appears  that  the  said  Charles  Julian  de  Long- 
champs  was  indicted  at  the  Court  held  at  Philadelphia  in 
1784,  for  an  infraction  of  the  law  of  nations,  and  for  an 
assault  and  battery.  And  that  both  these  offences  con- 
sisted in  violences  offered  by  him  against  a  Consul  Gen- 
eral and  a  Secretary  to  a  Legation  of  France,  residing  at 


158         JOHN  JAY— SEC.  FOB  FOREIGN  AFFAIRS. 

Philadelphia  under  the  faith  and  protection  of  the  law  of 
nations  and  the  other  laws  of  the  land. 

That  it  further  appears  that  the  said  Charles  Julian  de 
Longchamps  was  in  due  course  of  law  tried  for  the  said 
offences,  and  being  thereof  found  guilty,  was  judicially 
sentenced  to  pay  a  fine  of  one  hundred  crowns ;  to  be 
imprisoned  until  the  4th  July,  which  will  be  in  the  year 
1786,  and  then  to  give  good  security  to  keep  the  peace, 
and  to  be  of  good  behavior  to  all  public  ministers,  secre- 
taries of  embassies  and  consuls,  as  well  as  to  all  the 
liege  people  of  Pennsylvania,  for  the  space  of  seven 
years,  by  entering  into  recognizance,  himself  in  one 
thousand  pounds,  and  two  sureties  in  five  hundred  pounds 
each ;  to  pay  the  costs  of  the  said  prosecution,  and  re- 
main committed  until  that  sentence  be  complied  with. 

That  it  also  appears  that  the  said  Charles  Julian  de 
Longchamps  is  now  actually  confined  in  the  prison  of 
Philadelphia,  in  execution  of  the  said  sentence.  Your 
Secretary  considers  the  following  principles  to  be  unques- 
tionably true,  viz : 

That  every  friendly  foreigner,  coming  to  any  country 
on  lawful  business,  is  entitled  to  the  protection  of  the 
laws  of  that  country,  on  the  one  hand,  and  owes  obe- 
dience to  them  during  his  residence,  on  the  other ; 

That  whenever  such  foreigner  breaks  the  peace,  or 
otherwise  violates  the  laws  of  the  land,  he  is  as  amenable 
to  them  as  any  other  person ;  and  that  the  sovereign 
power  of  the  State  has  undoubted  right  to  punish  him  in 
the  manner  and  degree  prescribed  by  the  laws  of  the 
State; 

That  where  the  said  laws  sentence  such  offending 
foreigner  to  imprisonment  for  a  limited  time,  the  State 


DIPLOMATIC  CORRESPONDENCE.  159 

has  a  clear  right  to  hold  and  detain  him  in  prison  accord- 
ingly ;  and  are  not  bound  to  release  or  deliver  him  up  to 
his  Prince,  for  any  purpose  whatever,  before  he  shall 
have  satisfied  the  laws  of  the  land,  which  he  has  vio- 
lated, by  undergoing  the  punishment  decreed  thereby  for 
his  offence. 

Your  Secretary  is  therefore  of  opinion,  that  the  requi- 
sition in  question  is  premature : — for,  admitting  Charles 
Julian  de  Longchamps  to  be  a  Frenchman;  admitting 
that  he  has  offended  his  Prince  either  here  or  elsewhere ; 
admitting,  further,  that  his  Prince  has  a  right  to  demand 
him,  and  that  the  United  States  were  bound,  by  treaty 
or  otherwise,  to  deliver  him  up  ;  yet  it  is  not  to  be  de- 
nied that  he  has  broken  the  peace  and  violated  the  laws 
of  this  country,  and  having  been  legally  condemned  to 
imprisonment  for  the  same,  a  compliance  with  the  said 
requisition  at  present  cannot  possibly  be  required  by  the 
law  of  nations. 

How  far  it  would  be  right  and  proper  for  the  United 
States  afterwards  to  demand  of  the  State  of  Pennsylva- 
nia to  deliver  the  said  Charles  Julian  de  Longchamps,  to 
be  tried  and  judged  in  France,  for  that  part  of  the  afore- 
said offence  against  the  peace,  government,  and  dignity 
of  that  Commonwealth,  which  consisted  in  his  having 
there  violated  the  rights  and  privileges  of  his  most  Chris- 
tian Majesty's  Legation,  and  how  far  such  demand  would 
be  warranted  by  the  law  of  nations  and  the  federal  com- 
pact between  the  States,  are  questions  so  new,  so  deeply 
and  intimately  connected  with  the  nature  of  our  constitu- 
tions and  confederation,  and  so  extensive  and  important 
in  their  consequences,  as  to  require  very  ample  discus- 
sion, much  reflection,  and  serious  consideration. 


160         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

Your  Secretary  is  further  of  opinion,  that  the  Minister 
Plenipotentiary  of  the  United  States  at  the  Court  of 
France  should  be  instructed  to  submit  the  above  facts 
and  reasons  to  the  candid  consideration  of  his  most  Chris- 
tian Majesty,  to  assure  him  that  it  would  give  them  great 
pain  to  have  their  conduct  viewed  by  him  in  an  unfavora- 
ble point  of  view ;  and  that  they  flatter  themselves  the 
reasons  which  render  it  impossible  for  them  at  present  to 
comply  with  his  requisition,  will  appear  as  conclusive  to 
him  as  they  do  to  Congress.  That  they  will  maturely, 
candidly,  and  earnestly  consider  how  far  a  compliance 
with  it,  when  the  prisoner  shall  be  legally  released,  may 
be  free  from  objections.  That  they  wish,  and  will  en- 
deavor, in  the  mean  time,  to  make  that  very  important 
question  the  subject  of  mutual  and  friendly  discussions; 
that  as  the  man  himself  can  be  no  object  with  the  States, 
and  as  neither  their  interest  nor  their  inclination  can  lead 
them  to  give  cause  of  umbrage  to  their  first  and  best 
friend  and  ally,  they  hope  he  will  have  perfect  confi- 
dence in  their  sincerity  when  they  declare  that  obstacles 
to  their  complying  with  his  requests  will  always  give 
them  as  much  concern  and  regret  as  opportunities  of 
manifesting  their  respect,  their  regard,  their  gratitude, 
and  their  attachment  to  him,  will  always  give  them 
pleasure  and  satisfaction. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 
Office  of  Foreign  Affairs,  > 
16  Feb.  1785.      5 


DIPLOMATIC  CORRESPONDENCE.  161 

FROM  MONSIEUR  DE    MARBOIS  TO  JOHN  JAY. 

Translation. 

New  York,   February  22,  1785. 
Sir, 

An  express  just  arrived  from  Philadelphia  obliges  me 
to  set  off  for  that  place  without  delay.  I  could  have 
wished  to  have  taken  leave  of  you  before  I  set  off,  and 
to  have  received  some  information  respecting  the  affairs  I 
have  had  the  honor  to  communicate  to  you,  but  circum- 
stances prevent  me.  I  propose  to  return  to  this  place, 
so  soon  as  the  health  of  Mrs.  Marbois  will  permit  me  ; 
but  as  I  presume  I  shall  be  detained  in  Philadelphia  some 
weeks,  I  must  beg  you  to  transmit  to  me  the  determina- 
tions of  Congress  on  the  different  affairs  on  which  I  have 
presented  memorials,  or  which  I  have  had  the  honor  to 
communicate  to  you  verbally. 

Herewith,  you  will  find  a  memorial  of  the  Sieur 
Rousille,  who  has  served  on  board  of  a  frigate  of  the 
United  States.  I  beg  you  to  put  it  in  my  power  to  ac- 
quaint him  with  the  decision  of  Congress  thereon. 

I  have  also,  the  honor,  to  address  to  you  the  copy  of 
a  letter  from  the  Count  de  Vergennes,  respecting  a  debt 
of  the  United  States,  paid  by  the  royal  treasury  to  Messrs. 
Sabatier  and  Despres,  together  with  the  vouchers  of 
that  debt.  I  request,  sir,  you  would  communicate  to  me 
whatever  measures  Congress  may  take  for  the  liquida- 
tion of  this  debt. 

I  owe  it  to  the  character  with  which  I  am  honored,  to 

communicate  to  you  a  gazette  in  which  you  will  find  an 

article  which  concerns  me,  and  which  I  leave  to  you  to 

describe.     I  beg  you,  sir,  to  compare  it  with  the  anony- 

VOL.  i.— 21 


162         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

mous  letter  I  received,  and  which  I  had  the  honor  to 
communicate,  for  you  to  consider  that  an  indispensable 
duty  calls  me  to  Philadelphia,  and  to  acquaint  me  with 
the  opinion  of  Congress  respecting  such  publications,  and 
the  circumstance  itself.  You  know,  sir,  that  it  is  to  that 
Assembly  only,  I  can  address  myself  in  order  to  enjoy 
throughout  the  whole  extent  of  the  United  States  the 
inviolability  due  to  my  character. 

I  am  with  a  respectful  attachment,  &c. 

DE  MARBOIS. 


MEMORIAL  OF  PIERRE  ROUSILLE. 

Translation. 

The  Sieur  Pierre  Rousille,  native  and  inhabitant  of 
Bordeaux,  has  the  honor  to  represent,  that  he  embarked 
the  22d  May,  1778,  as  volunteer,  in  the  United  States 
frigate,  the  Boston,  commanded  by  Captain  Tucker,  then 
going  on  a  cruise  against  the  enemy.  On  the  19th  of 
June  following  they  made  a  prize  of  an  English  ship 
coming  from  Spain,  and  the  memorialist  was  chosen  as 
one  of  those  destined  to  conduct  the  prize  to  Boston ; 
but,  on  the  way  thither,  they  had  the  misfortune  to  meet 
the  Porcupine,  English  frigate,  who  retook  the  prize,  and 
conducted  them  prisoners  to  Portsmouth,  where  they 
arrived  the  8th  July,  and  your  memorialist  remained  near 
two  years  in  prison  in  England,  without  any  news  of  the 
frigate  in  which  he  embarked. 

At  his  return  to  France,  your  memorialist  learnt  that 
the  frigate  had  been  fortunate  enough  to  take  several 
prizes,  which  were  sold  at  Nantz,  and  the  proceeds  paid 


DIPLOMATIC  CORRESPONDENCE.  163 

into  the  hands  of  Captain  Tucker ;  (as  is  proved  by  a 
letter  of  the  19th  of  September,  1780,)  signed  by  Messrs. 
Schweighauser  and  Dobree,  who  had  been  commissioned 
to  sell  them. 

Your  memorialist  had,  without  doubt,  a  right  to  claim 
his  part  of  the  prizes,  though  taken  in  his  absence,  and 
while  he  Was  detained  in  the  prisons  of  England,  and 
especially  as  there  was  an  express  agreement  and  promise 
of  Captain  Tucker,  made  when  your  memorialist  went  on 
board  the  prize ;  he  having  then  promised  your  memo- 
rialist and  the  others,  that  whether  they  got  safe  to  Bos- 
ton or  whether  they  had  the  misfortune  to  be  taken,  they 
should  always  be  included  in  the  division  of  any  prizes 
the  frigate  might  make,  this  promise  ought  therefore  to 
be  carried  into  effect ;  and  the  more  so,  having  regard  to 
a  captivity  of  two  years  which  your  memorialist  suffered, 
and  to  the  zeal  and  affection  for  the  service  of  the  United 
States,  thus  manifested  by  a  Frenchman,  and  which 
Captain  Tucker  and  the  admiralty  of  the  United  States 
must  both  acknowledge. 

Your  memorialist  has  not  neglected  to  get  intelligence 
of  Captain  Tucker.  He  wrote  to  him  as  well  as  to  the 
admiralty  of  the  United  States ;  but  though  your  memo- 
rialist's letter  came  to  hand,  he  never  could  receive  the 
least  answer  to  them  ;  and  this  silence  of  both  of  them, 
shews  a  disposition,  which  your  justice,  my  lord,  will  not 
approve.  Thus  circumstanced,  your  memorialist  implores 
the  aid  of  your  powerful  recommendation  to  the  admi- 
ralty of  the  United  States,  that  payment  may  be  made 
to  your  memorialist  of  his  part  of  the  prizes,  as  well  as 
of  the  pay  due  to  him  as  volunteer  on  board  the  said 
frigate  Boston.  This  demand,  just  in  itself,  cannot  any 


164         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

longer  meet  with  difficulty,  when  it  is  considered,  that 
having  represented  the  matter  to  the  Marshal  De  Castries, 
our  Minister  of  Marine,  he  thought  it  so  just,  that  by  his 
letter  of  20th  August  last,  he  directs  me  to  address 
myself  to  Mr.  Franklin,  which  I  did  not  fail  to  do;  and 
Mr.  Franklin,  in  his  letter  of  the  12th  September,  directs 
me  to  address  myself  in  America,  and  gives  the  greatest 
confidence  in  the  justice  of  the  admiralty  of  the  United 
States. 

But  whilst  taking  all  these  steps,  I  received,  the  7th 
of  September  last,  a  letter  dated  Boston,  21st  July, 
1784,  signed  De  L'Etombe,  containing  word  for  word,  as 
follows : 

"  I  have  received,  sir,  the  letters  you  did  me  the  honor 
"  to  write  to  me  in  the  years  1782,  1783,  and  1784. 
"I  have  spoken  to  the  admiralty  of  this  city,  of  your 
"  antiquated  claims.  I  had  before  mentioned  them,  and 
"  had  advised  you  of  the  death  of  Captain  Tucker,  and 
"  the  settlement  of  his  accounts.  I  am  now  assured  that 
"  your  claims  are  no  better  than  they  weie,  and  General 
"  Warner,  to  whom  I  mentioned  them,  informs  me,  there 
"  is  no  taking  up  again  accounts  which  have  been  liqui- 
"  dated  and  settled ;  and  that  you  must  take  the  fault  on 
"  yourself,  for  not  having  applied  in  time. 

"  I  am  sorry  I  cannot  give  you  a  more  favorable 
"  answer ;  but  on  any  other  occasion  I  shall  always  be 
"  happy  to  render  you  service,  and  do  assure  you  that 
"  I  am,  sir, 

Your  very  humble  servant,  &tc. 
(Signed)  DE  L'ETOMBE." 


DIPLOMATIC  CORRESPONDENCE.  165 

The  perusal  of  this  letter  will  shew  the  contradiction 
it  contains,  it  appears  so  to  all  who  have  read  it,  for  Mr. 
De  L'Etorabe  calls  my  demands  out  of  date,  that  is,  not 
recoverable,  forfeited  by  not  applying  in  time ;  but  how 
could  he  make  use  of  such  language,  after  acknowledging 
the  receipt  of  my  letters  of  1782,  1783  and  1784; 
doubtless  these  letters  had  no  other  object  but  these 
claims,  there  must  therefore  be  an  error  or  injustice  in 
attributing  to  me  a  neglect,  I  have  not  been  guilty  of. 
I  need  no  other  proof,  than  the  contradiction  strongly 
marked  in  this  letter. 

It  is,  however,  true,  that  after  I  was  released  from 
captivity  in  England,  I  took  every  method  in  my  power 
to  claim  my  due.  The  roll  of  the  crew  of  the  frigate, 
when  she  was  paid  off,  will  shew  I  was  included  in  it, 
and  the  admiralty  of  the  United  States  should  have 
secured  the  pay,  &c.  due  me  as  is  practised  in  France, 
for  it  could  not  be  lost,  either  myself  or  my  heirs  would 
always  have  a  right  to  it,  and  it  cannot  be  supposed  that 
the  United  States  can  regard  with  indifference  the  vicious 
and  unjust  decision  contained  in  the  letter  above  men- 
tioned, and  deprive  me  of  my  pay  and  prize  money 
gained  in  their  service,  and  which  was  the  cause  of  a  two 
years  captivity,  with  the  loss  of  all  I  had. 

It  is  of  no  consequence  that  Captain  Tucker  is  dead, 
and  that  his  accounts  are  settled,  since  it  was  not  in  my 
power  to  object  to  that  settlement,  being  a  prisoner  in 
England;  and  besides,  being  a  Frenchman,  and  in  Europe, 
I  could  not  know  of  the  settlement,  nor  could  I  transport 
myself  suddenly  to  the  place,  so  that  all  things  consi- 
dered, nothing  can  prevent  the  admiralty  of  the  United 
States  from  paying  what  appears  due  to  me  at  the  paying 


166         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

off  the  Boston  frigate,  the  rolls  of  which  they  must  have 
preserved.  It  is  from  their  justice  alone  I  expect  it,  as 
it  is  to  them  only  I  can  look  for  the  failure  of  Captain 
Tucker  in  paying  me  my  due. 

P.  ROUSILLE. 

My  address  is  at  Mr.  Cazemeau,  Broker,  Rue  Causse 
rouge,  at  Bordeaux. 


FROM  THE  COUNT  DE  VERGENNES  TO  THE  CHARGE  D' 
AFFAIRES  OF  FRANCE  TO  THE  UNITED  STATES. 

VersaUles,  October  12,  1784. 
Sir, 

I  annex  the  copy  of  a  letter  from  the  Comptroller 
General,  with  the  account  which  accompanies  it,  relative 
to  a  sum  paid  from  the  Royal  Treasury  to  reimburse 
Messrs.  Despres  and  Sabatier  for  articles  furnished  by 
them  to  the  United  States.  You  will  please  to  take  the 
necessary  steps  to  engage  Congress  to  rid  themselves  of 
this  debt,  and  to  pay  the  amount  into  the  Royal  Treasury 
agreeably  to  the  demand  of  the  Comptroller  General, 
founded  on  the  vouchers  he  has  furnished. 
I  am,  &c. 

DE  VERGENNES. 


FROM    M.   DE  CALONNE  TO  THE  COUNT  DE  VERGENNES. 

In  conformity  to  the  letter  you  did  me  the  honor  to 
write  to  me  the  8th  February,  I  caused  payment  to  be 
made  from  the  Royal  Treasury  to  Messrs.  Despres  and 


DIPLOMATIC  CORRESPONDENCE.  167 

Sabatier  of  the  sum  of  134,065  livres  7s.  6d.  due  to  them 
for  articles  furnished  to  the  United  States  of  America. 
You  were  pleased  to  assure  me,  that  you  would  charge 
yourself  to  demand  the  repayment  of  this  advance 
to  Congress,  whenever  I  should  furnish  you  with  the 
vouchers. 

I  have  therefore  the  honor  to  address  to  you,  the 
account  of  payments  made  to  the  United  States  on  the 
ten  millions  borrowed  from  Holland.  You  will  see,  sir, 
that  the  Royal  Treasury  has  paid  134,065  livres  7s.  6d. 
above  the  ten  millions,  and  that  this  excess  is  carried  to 
the  second  expedition  of  articles  furnished  by  Messrs. 
Despres  and  Sabatier,  whose  certified  accounts  I  annex. 
The  original  vouchers  of  the  articles  furnished  are  depo- 
sited in  my  office,  and  M.  De  Veimeranges  has  delivered 
duplicates  of  them  to  Mr.  Franklin. 

I  shall  be  much  obliged  by  your  endeavors  to  procure 
the  return  of  this  advance  to  the  Royal  Treasury. 


Translation. 

ADVANCE  of  ten  millions,  granted  by  the  King  to  the 
United  States  of  America,  payable  with  interest  1st 
January,  1783. 
Artidts  to  be  carried  to  account  of  the  advance  of  Ten  MtlKons. 

Subsidy  to  Mr.  Lau-?  o  enn  nnn     Excess  of  6  mon. 
rens,  $2,500,000        ^.        per 


Margin, 

Sum  returned  from?..  A<Jn  nnn    Drafts  of  Mr.  Mor- 
Holland,  J'TT^  ris  on  M.     C.  £  1,201,  100.4.8 

Couteulx, 

To  Mr.    Grand,   for")  Paid  Mr.  Grand  in 

drafts  on  Mr.Frank-  £  2,216,000        Febr'y,  March,     1,300,000 

lin,  3  -        &  April,  1782,3  -- 

6,146,000  2,647,100.4.8 


168         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

Brought  forward,  2,647,100.4.8 

Military  Stores. 

Replacing  the  effects  of  M.   de  la  Fayette  and 
articles  furnished,  viz  : 

1st.  200,000  Ibs.  powder,  includ- 
ing expense  of  transporting  it  to 
Brest  196,481.15.  3 

2d.  To  Messrs.  Despres  and  Saba- 
tier,  articles  furnished  1st  time  at 
the  requisition  of  Col.  Laurens,  1,011,248.  5.11 

(*  )  3d.  Articles  furnished  2d  time, 
including  the  replacing  effects  of 
M.  de  la  Fayette,  2,194,219.  7.  4 

4th.  Articles  furnished  by  the  War 
Department  in  May  and  June, 
1781,  1,052,345.11.  6 

5th.    Ditto,  by  Marine  Department,    252,275 

6th.    Freight  of  4  vessels  sent  from 

Brest  to  transport  the  stores,  293,430 

5,000,000 

Sums  paid  out  of  the  Treasury  to  Mr.  Grand  in  the 

seven  last  months  of  1782,  2,352,399.15.  4 


10,000,000 


(*)  The  articles  furnished  the  second  time  by 
Messrs.  Despres  &.  Sabatier  amounted,  by  the  cer- 
tified account  of  M.  de  Veimeranges,  2,328,284.14.10 

Of  which  is  included  in  the  10  million  only       2,194,219.  7.  4 

Remains  to  be  paid  134,065.  7.  6 

Which  the  Royal  Treasury  advanced  to  Messrs.  Despres  &  Sa- 
batier in  1784.  The  Count  de  Vergennes  promised  to  demand  the 
reimbursement  of  this  sum  of  the  United  States. 


Translation. 

UNITED  STATES  OF  "}  Amount  of  Articles  furnished  and 
NORTH  AMERICA,  \.  Sums  advanced  to  the  United 
2d  EXPEDITION.  \  States  of  North  America. 

Account  of  sums,  forming  together  the  amount  of  a  second 
expedition  of  clothing  and  military  stores,  which  the  Messrs.  Sa- 
batier and  Despres  furnished  to  the  United  States  of  America,  at 
the  requisition  of  Colonel  Laurens,  including  the  expense  of  pack- 


DIPLOMATIC  CORRESPONDENCE.  169 

ages,    commission,    gratification  to  the   Store- keeper  General  at 
Brest  for  trouble  ;  and  also  the  expenses  of  transportation  from  St. 
Denis  and  other  places  to  Brest,  viz: 
According  to  the  accounts  of  the  said  articles  fur- 
nished, No.  1,  indorsed  A.  A. ;  extract  of  invoices 
annexed,  No.  2,  indorsed  B.  B.;  account  of  their 
reception  in   the  magazines   at  Brest,   and  the 
shipment,  No.  3,  indorsed  C.  C.;  the  certificate 
of  examination  of  the  articles,   No.  4,  indorsed 
D.  D.;  and  the  warrant  of  the  order,  No.  5,  in- 
darsed  E.  E.,  two  millions  one  hundred  and  ninety- 
three  thousand  one  hundred  and  six  livres  five  sous, 
including  six  per  cent,  allowed  Messrs.  Sabatier 
&  Despres  for  advances,  commission,  trunks,  and 
packages,  as  per  said  account,  2,193,106.  5 

According  to  the  account  of  sums  advanced  by 
the  said  Sebatier  and  Despres  to  pay  the  bills 
of  transportation  of  said  effects  and  the  commis- 
sion on  said  payments  at  four  per  cent,  agreeably 
to  the  account  of  articles  No.  6,  indorsed  F.  F. 
the  sum  of  one  hundred  and  thirty -five  thousand  one 
hundred  and  seventy-eight  livres  nine  sous  and  ten 
demers,  135,178.  9.10 

Total  general,  2,328,284.14.10 


The  above  account,  amounting  to  two  millions  three  hundred  and 
twenty-eight  thousand  two  hundred  and  eighty-four  livres  fourteen 
sols  and  ten  deniers,  certified  to  be  just  and  true. 

SABATIER  &  DESPRES. 

The  above  account  examined  by  us,  Principal  Commissary  of 
War,  amounting  to  the  sum  of  two  millions  three  hundred  and 
twenty-eight  thousand  two  hundred  and  eighty-four  livres  fourteen 
sols  and  ten  deniers,  agreeably  to  the  different  accounts  therein 
mentioned,  and  numbered  1,  2,  3,  4,  5,  and  6,  and  marked  A.  A., 
B.  B.,  C.  C.,  D.  D.,  E.  E.,  and  F.  F. 

DE  CORNY. 

Paris,  26th  December,  1782. 

The  above  accounts,  amounting  to  two  millions  three  hundred  and 
twenty-eight  thousand  two  hundred  and  eighty-four  livres  fourteen 
sols  and  ten  deniers,  examined  and  agreed  to,  agreeably  to  the 
different  vouchers  and  accounts  therein  mentioned,  and  also  ex- 
amined by  us. 

VEIMERANGES. 

Paris,  12th  January,  1783. 


VOL.  i.— 22 


170         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 
FROM  MONSIEUR  DE  MARBOIS  TO  JOHN  JAY. 

Translation. 

Phikdelphia,  March  8,  1785. 
Sir, 

I  have  the  honor  to  address  to  you  a  note,  which  I 
must  request  you  to  lay  before  Congress.  The  unfortunate 
people  whose  interests  I  have  put  into  your  hands,  have 
patiently  waited  until  the  moment  of  peace,  and  I 
have  not  ceased  to  support  their  hopes  until  this  moment. 
I  beg  you  to  put  it  in  my  power  to  acquaint  them  that 
their  confidence  in  the  faith  of  the  United  States  has 
been  well  founded. 

In  reminding  you,  sir,  of  the  different  notes,  which  I 
have  had  the  honor  to  present  to  Congress,  or  to  put 
into  your  hands,  permit  me  to  mention  that,  in  particular, 
which  respects  the  demands  of  the  different  French 
officers,  or  their  widows  or  heirs.  Congress  has  referred 
them  to  the  War  Department.  If  the  report  has  come  to 
your  hands,  or  if  there  has  been  any  resolution  on  the 
subject,  I  must  request,  sir,  that  you  will  make  me 
acquainted  with  it.  In  case  nothing  should  have  been 
determined  on  the  subject,  I  must  take  the  liberty  to 
remind  you  of  it. 

The  orders  which  must  be  observed  in  the  Department 
of  Finance,  renders  it  necessary  to  know  beforehand  at 
what  periods  the  United  States  can  make  payments  of 
the  sums  payable  by  them  into  the  Royal  Treasury  in 
the  course  of  this  year.  If  particular  circumstances 
should  even  oblige  Congress  to  some  delay  for  part  of 
the  sum,  it  is  not  the  less  necessary  to  be  previously 


DIPLOMATIC  CORRESPONDENCE.  m 

informed  of  this,  that  measures  may  be  taken  to  supply 
the  deficiency.  I  shall  be  exceedingly  obliged  to  you 
for  the  necessary  information  on  this  subject. 

I  am  with  respect,  &c. 

DE  MARBOIS. 


NOTE. 

Translation. 

The  Chevalier  de  la  Luzerne,  and  since  his  depar- 
ture, the  undersigned  Charge  d' Affaires  of  France,  has,  at 
different  times,  received  memorials,  letters  and  demands 
of  French   subjects,   possessing   loan   office  certificates, 
representing  how  prejudicial  it  is  to  their  affairs,  that  the 
engagements   entered  into  by  the  United  States  for  the 
payment  of  the  interest  and  redemption  of  the  principal 
of  those  contracts,  have  not  been  fulfilled, — some  of  them 
have  even  furnished  proofs,  unhappily  incontestible,  that 
the  confidence  they  had  in  the  solemn  promises  which 
were  made  to  them,  have  been  the  cause  of  their  ruin, 
and  that  the  reverse   of  fortune  they  have  experienced, 
can  never  be  entirely  repaired.     The  undersigned  has 
had  the  honor  to  inform  Congress  of  these  circumstances, 
in  a  note  delivered  some  months  since,  he  waited  their 
decision  to  send  satisfactory  information  to  the  concerned, 
and  in  the  meantime  has  written  them,  to  rest  with  con- 
fidence in  the  respect  of  Congress  for  their  engagements, 
and  on  his  uninterrupted  efforts  to  procure  them  payment; 
but  he  has  just  received  many  letters  from  France,  in 
which  the  creditors  of  the  United  States  in  France  again 
complain  of  the  little  satisfaction  they  can  procure  on 


172         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

claims  so  just ;  they  are  informed  that  without  regard  to 
the  recommendation  of  Congress,  some  States  have  ap- 
propriated funds  for  the  payment  of  the  interest  on 
certificates  of  money  borrowed,  in  possession  of  the  in- 
habitants and  that  the  foreigners  have  been  excluded 
from  this  partition,  they  have  made  among  themselves 
of  the  public  revenue.  The  undersigned  takes  the 
liberty  to  remind  Congress  of  these  facts,  and  he 
hopes  that  Assembly  will  take  into  consideration  the 
unhappy  situation  of  the  French  creditors  of  the  United 
States,  that  they  will  consult  justice  in  adopting  effica- 
cious measures  for  their  payment,  at  the  same  time  con- 
sidering that  not  being  inhabitants  of  the  United  States, 
the  sums  due  to  them,  can  be  discharged  only  in  money, 
and  not  in  paper  or  any  effects  whatever,  which  are  of  no 
value  out  of  the  United  States,  or  are  not  equal  in  value 
to  the  sums  they  should  represent. 

The  undersigned,  for  many  years  witness  to  the  con- 
stant endeavors  of  Congress  to  procure  justice  to  all  their 
creditors,  and  to  support  public  faith,  hopes  they  will 
enable  him,  as  soon  as  possible,  to  return  satisfactory 
answers  to  the  French  creditors,  and  that  they  will  con- 
sider his  repeated  and  pressing  solicitations  on  this  sub- 
ject, as  arising  from  his  duty  and  the  persuasion  he  is  in, 
that  Congress  view  with  pleasure  every  measure  which 
has  justice  for  its  object. 

DE  MARBOIS. 


DIPLOMATIC  CORRESPONDENCE.  173 


FROM   JOHN    JAY    TO    MONSIEUR    DE    MARBOIS. 

Office  for  Foreign  Affairs,      3 
March  10,  1785.  5 

Sir, 

I  have  the  honor  to  inform  you,  that,  on  the  seventh 
instant,  Congress  was  pleased  to  permit  the  honorable  Ben- 
jamin Franklin,  Esq.  their  Minister  Plenipotentiary  at  the 
Court  of  Versailles,  to  return  to  America  as  soon  as  con- 
venient, and  that  they  have  assigned  a  day  for  the  elec- 
tion of  another  to  succeed  him. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 

— »»e  ©»<«•— 

FROM   JOHN   JAY   TO    MONSIEUR  DE    MARBOIS. 

New  York,  March  11, 1785. 
Sir, 

I  have  the  honor  of  informing  you,  that  Congress  were 
pleased  yesterday  to  appoint  the  Honorable  Thomas 
Jefferson,  Esq.  to  be  their  Minister  Plenipotentiary  at  the 
Court  of  Versailles,  in  the  room  of  Dr.  Franklin,  who, 
at  his  request,  has  leave  to  return. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


174         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

FROM   MONSIEUR   DE    MARBOIS    TO    JOHN    JAY. 

Philadelphia,  March  17,  1785. 
Sir, 

I  have  received  the  letter  you  did  me  the  honor  to 
write,  communicating  to  me  the  appointment  of  Mr. 
Jefferson,  as  Minister  Plenipotentiary  from  the  United 
States  to  the  Court  of  France  ;  I  shall  transmit  this 
information  for  the  Minister  for  foreign  affairs,  and  I  am 
persuaded  his  Majesty  will  receive  the  news  with  plea- 
sure. I  am,  &c. 

DE  MARBOIS. 


I 


FROM   JOHN   JAY   TO    MONSIEUR    DE    MARBOIS. 

Translation. 

New  York,  March  21,  1785. 
Sir, 

I  have  received,  and  laid  before  Congress,  your  letter 
of  the  8th  instant. 

The  late  order  of  Congress,  that  all  papers  in  French, 
to  be  communicated  to  them  by  me,  should  be  accom- 
panied with  translations,  and  the  number  of  such  papers 
which  I  have  lately  referred  to  the  interpreters,  has  pre- 
vented my  giving  all  the  despatch  to  those  with  which 
you  have  favored  me,  that  I  should  otherwise  have  done. 

You  must  be  sensible,  sir,  that  the  long  recess  of  Con- 
gress must  greatly  have  augmented  their  business,  and 
that  the  same  expedition  cannot  be  expected  from  public 
deliberative  bodies  as  from  Executive  officers  or  boards 
composed  of  a  few  members.  For  my  part,  I  am  per- 


DIPLOMATIC  CORRESPONDENCE.  175 

suaded  that  the  affairs  to  which  you  solicit  the  attention 
of  Congress,  will  not  be  neglected ;  but  that  they  will 
continue  to  treat  all  your  applications  with  that  respect, 
which  is  justly  due  to  every  application  made  on  the 
part  of  his  most  Christian  Majesty.  I  assure  you,  sir,  it 
will  always  give  me  pleasure  to  promote  the  bringing  all 
these  matters  to  a  speedy  conclusion,  and  that  I  will 
immediately  communicate  to  you  whatever  Congress  may 
be  pleased  to  refer  to  me  for  that  purpose. 
I  have  the  honor  to  be,  &tc. 

JOHN  JAY. 


FROM    MONSIEUR   DE    MARBOIS    TO   JOHN  JAT. 

Translation.  -,Vi 

Philadelphia,  March  29,  1785. 
Sir, 

I  have  received  the  letters  you  did  me  the  honor  to 
write  to  me  on  the  21st  of  this  month.  The  assurances 
they  contain,  respecting  your  disposition,  as  well  as  that 
of  Congress,  cannot  but  be  very  agreeable,  and  I  await 
the  effects  with  the  most  perfect  confidence. 

.1  wait  also,  sir,  an  answer  to  the  letter  I  had  the  honor 
to  write  to  you  the  25th  of  December  last.  I  am  sorry  to 
importune  you  on  this  subject,  but  the  month  of  March 
is  almost  expired,  and  as  I  must,  without  delay,  leave 
Philadelphia,  I  cannot  continue  to  be  answerable  for  the 
trust  committed  to  me  by  Congress ;  and  on  the  other 
hand,  I  will  not  change  its  destination,  without  knowing 
the  intentions  of  that  assembly.  I  am,  &c. 

DE  MARBOIS. 


176         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 
FROM  MONSIEUR  DE  MARBOIS  TO  JOHN    JAY. 

Translation. 

Philadelphia,  April  9,  1785. 

Sir, 

I  have  the  honor  to  address  to  you  the  commission  of 
Monsieur  the  Chevalier  de  Chateaufort,  as  Consul  for  the 
two  Carolinas  and  Georgia.  I  must  request  you  to  lay 
it  before  Congress,  and  to  procure  the  resolutions  custo- 
mary in  like  cases,  as  well  as  the  requisitions  for  the 
Exequatur  from  the  three  States,  in  which  he  is  to 
exercise  the  office  of  his  Majesty's  Consul.  I  must 
request,  also,  that  after  the  commission  has  been  regis- 
tered, you  will  return  it  to  me,  together  with  the  resolu- 
lutions  of  Congress.  Monsieur  de  Chateaufort  will  re- 
ceive them  here,  before  he  sets  off  for  his  destination. 

As  I  must  return  without  delay  to  New  York,  and  as 
the  business  of  the  consulate  must  not  be  interrupted, 
my  brother  will  do  the  duties  here  during  my  absence, 
in  the  same  manner  as  those  of  the  Consul  of  Charles- 
ton have  been  done,  to  this  time,  by  the  Vice  Consul  of 
Georgia. 

I  must  therefore  beg,  sir,  that  you  will  procure  me  a 
resolution  of  Congress  to  that  effect,  and  a  requisition  to 
the  States  of  Pennsylvania  and  Delaware  for  his  Exequa- 
tur and  notification  of  Pierre  Francois  Barbe  de  Marbois, 
jr.  as  Vice  Consul  to  the  States  of  Pennsylvania  and 
Delaware. 

I  am  with   respect,  &c. 

DE  MARBOIS. 


DIPLOMATIC  CORRESPONDENCE.  H7 

Translation. 

Patent  of  Consul  of  France  to  the  States  of  North 
and  South  Carolina  and  Georgia,  in  favor  of  the  Sieur 
Ignatius  Romain  Chevalier  D'Aristay  de  Chateaufort, 
resident  at  Charleston. 

LOUIS, 

By  the  Grace  of  God,  King  of  France  and  Navarre, 
To  all  to  whom  these  presents  shall  come,  greeting: 
Having  thought  it  necessary  to  create  an  office  of 
Consul  to  the  States  of  North  and  South  Carolina  and 
Georgia,  and  being  informed  of  the  knowledge,  probity, 
zeal  and  fidelity  to  our  service,  of  the  Sieur  Ignatius 
Romain  Chevalier  D'Aristay  de  Chateaufort,  we  have 
judged,  that  we  could  not  make  a  better  choice  than  of 
his  person,  to  exercise  the  said  office,  and  being  moved 
by  these  and  other  causes,  we  have  named,  ordained  and 
established  the  said  Chevalier  D'Aristay  de  Chateaufort, 
and  by  these  presents,  signed  with  our  hand,  we  do  name, 
ordain  and  establish  him,  our  Consul  to  the  States  of 
North  and  South  Carolina  and  Georgia,  with  power  to 
establish  agents  in  such  ports  in  his  department,  as  he 
may  judge  necessary,  to  see  to  the  execution  of  the  rules 
and  ordinances  relative  to  commerce  and  navigation,  and 
to  support  the  privileges  which  the  French  should  enjoy 
according  to  the  treaties  and  conventions,  and  further  to 
order  and  do,  within  the  extent  of  his  consulate,  what- 
ever he  may  judge  necessary  for  the  good  of  our  service, 
and  the  advantage  of  our  subjects,  willing  that  he  should 
make  his  ordinary  residence  at  Charleston,  and  that  he 
should  enjoy  the  honors,  authority,  pre-eminence  and 
VOL.  i.— 23 


178         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

prerogatives  annexed  to  the  said  office  of  Consul,  and  the 
appointment  or  salary  thereto  belonging,  which  appoint- 
ments shall  be  for  all  expenses  and  emoluments  whatever, 
without  any  pretension  to  exact  any  other  benefit ;  and 
for  these  purposes  we  give  him  our  special  commands, 
power,  and  authority.  And  we  command  our  trusty 
and  well  beloved  Chevalier  de  la  Luzerne,  our  Minister 
Plenipotentiary  to  the  United  States  of  America,  to  have 
the  said  Chevalier  D'Aristay  de  Chateaufort  acknow- 
ledged in  his  said  quality  of  Consul,  and  to  afford  him 
every  assistance ;  and  we  do  order  all  navigators,  mer- 
chants and  others,  to  acknowledge  and  obey  him,  for 
such  is  our  pleasure ;  and  we  do  pray  and  request  our 
very  dear  friends  and  allies,  the  United  States  of 
America,  their  governors  and  other  officers,  civil  and 
military,  to  let  the  said  Sieur  Ignatius  Romain  Chevalier 
D'Aristay  de  Chateaufort,  enjoy,  peaceably  and  fully, 
the  said  office  of  Consul  to  the  States  of  North  and  South 
Carolina  and  Georgia,  without  any  molestation  or  hind- 
rance, but  on  the  contrary  to  afford  him  every  assistance, 
offering  to  do  the  like  whenever  we  shall  be  so  required. 
In  witness  whereof,  we  have  caused  our  privy  seal  to 
be  affixed  to  these  presents.  Done  at  Versailles  the 
25th  day  of  April,  1784,  and  in  the  tenth  year  of  our 
reign. 

LOUIS. 
By  his  Majesty's  command, 

L.  M.  DE  CASTRIES. 


DIPLOMATIC  CORRESPONDENCE.  179 

Report  of  Secretary  Jay,  on  a  communication  from  the 
Charge  d' Affaires  of  France,  relative  to  "  Vice  Con- 
suls." 

Office  of  Foreign  Affairs,  ? 
April  18,  1785.      5 

The  Secretary  of  the  United  States,  for  the  Department 
of  Foreign  Affairs,  transmits  herewith  enclosed,  a  let- 
ter and  a  translation  of  it  from  the  Charge  d' Affaires 
of  France  to  him,  of  the  9th  inst.  and  a  Commission, 
with  a  translation  of  it,  from  his  most  Christian  Majesty, 
appointing  the  Sieur  Ignatius  Remain  Chevalier  D' 
Aristay  de  Chateaufort,  to  be  Consul  of  France  for 
the  States  of  North  and  South  Carolina  and  Georgia, 
to  reside  ordinarily  at  Charleston. 

Your  Secretary  reports  that  it  should,  in  his  opinion,  be 

Resolved,  That  the  said  commission  be  registered  in 
the  Secretary's  office;  and  that  thereupon  an  act  of  re- 
cognition, in  due  form,  be  immediately  issued  to  the 
States  in  question,  in  order  that  they  may  furnish  the  said 
Consul  with  his  Exequatur  or  notification  of  his  quality, 
that  the  same  may  be  made  known  and  published. 

Your  Secretary  is  exceedingly  at  a  loss  to  report 
whether  any  thing,  or  what,  ought  to  be  done  in  pursu- 
ance of  the  last  paragraph  in  the  abovementioned  let- 
ter, viz: 

"  As  I  must  return  without  delay  to  New  York,  and  as 
"  the  business  of  the  Consulate  must  not  be  interrupted, 
"  my  brother  will  do  the  duties  here,  during  my  absence, 
i(  in  the  same  manner  as  those  of  the  Consul  of  Charles- 
"  ton  have  been  done  to  this  time  by  the  Vice  Consul  of 


ISO         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

"  Georgia.  I  must  therefore  beg,  sir,  that  you  will  pro- 
"  cure  me  a  resolution  of  Congress  to  that  effect,  and  a 
"  requisition  to  the  States  of  Pennsylvania  and  Delaware, 
"  for  his  Exequatur  and  notification  of  the  character  of 
"  Pierre  Francois  Barbe  de  Marbois,  Jr.  as  Vice  Consul 
"  for  the  States  of  Pennsylvania  and  Delaware." 

It  appears,  from  the  Journal  of  Congress  of  the  llth 
February,  1784,  that  M.  De  Marbois  was  Consul  Gen- 
eral for  the  thirteen  United  States.  He,  therefore,  ap- 
pears to  have  authority  to  appoint  a  Vice  Consul,  and, 
consequently,  to  have  given  a  proper  brevet  for  that  place 
to  his  brother.  No  such  brevet,  however,  appears,  al- 
though it  has  heretofore  been  the  practice  to  produce 
one  previous  to  the  recognition  of  a  Vice  Consul. 

Your  Secretary  finds  himself  also  embarrassed  by  the 
uncertainty  which  still  exists  respecting  the  execution  of 
the  Convention,  proposed  to  be  entered  into  by  the 
United  States  and  the  King  of  France,  for  the  establish- 
ment of  consular  powers. 

That  Convention  appears  to  have  been  sent  to  Dr. 
Franklin  in  the  year  1782,  With  a  resolution  of  Congress 
of  25th  January  in  that  year,  authorizing  him  to  alter  the 
words  or  arrangement  of  it,  and  some  other  matters. 

In  a  letter  of  his,  to  the  President  of  Congress, 
dated  the  25th  of  December,  1783,  is  the  following  para- 
graph: 

"  The  Treaty  between  this  Court  and  the  United 
"  States,  for  regulating  the  powers,  privileges,  &c.  of 
"  Consuls,  is  at  length  completed,  and  is  transcribing  in 
"  order  to  be  signed.  I  hope  to  transmit  a  copy  by  the 
"  next  post." 


DIPLOMATIC  CORRESPONDENCE.  1Q1 

Your  Secretary  cannot  learn  that  any  further  informa- 
tion on  this  subject  has  since  been  received. 

The  second  article  of  this  Convention  provides  that  the 
Consuls  of  his  most  Christian  Majesty,  and  of  the  United 
States,  may  appoint  any  number  of  Vice  Consuls  within 
their  respective  departments,  upon  the  notification  of  their 
appointment  by  the  Consuls,  to  the  Supreme  Executive 
power  of  the  State  to  which  they  may  be  sent ;  the  Exe- 
quatur shall  be  applied  for  and  delivered  by  the  several 
States  to  them,  in  the  same  manner  as  to  Consuls ;  and 
thereupon  the  pre-eminences,  &c.  stipulated  in  this  Con- 
vention, in  favor  of  Vice  Consuls,  shall  be  allowed  in  all 
places,  before  all  tribunals,  and  by  all  persons. 

From  this  it  would  seem  as  if  any  application  to 
Congress,  in  the  case  of  appointing  a  Vice  Consul,  was 
unnecessary.  And  this  idea  derives  force  from  that  part 
of  the  first  article  which  makes  it  a  duty  of  the  Consuls 
"  of  his  most  Christian  Majesty  to  present  their  commis- 
sions" in  the  first  instance,  to  the  United  States  in  Con- 
gress assembled,  by  whom  an  act  shall  be  made  recogniz- 
ing them  as  such.  This  act  being  delivered  to  the  State 
to  which  the  Consul  is  sent,  operates  as  a  warrant  to  the 
Executive  power  of  that  State  to  issue  the  Exequatur  ; 
but  as  to  the  case  of  a  Vice  Consul,  the  first  article  is 
silent,  and  the  second  article  appears  to  consider  the 
notification  of  his  appointment  to  the  Executive  power, 
by  the  Consuls  making  it,  as  a  sufficient  warrant  for  issu- 
ing the  Exequatur. 

If  such  be  in  fact  a  true  construction  of  those  articles, 
and  the  Convention  should  be  in  full  force,  it  seems  very 
doubtful  how  far  it  would  be  advisable  for  Congress  to  de- 
part from  the  line  marked  out  in  it. 


182    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

As  to  the  case  adduced,  of  the  Vice  Consul  of  Georgia 
having  done  the  duties  of  the  Consul  of  Charleston,  your 
Secretary,  not  having  as  yet  been  able  to  acquaint  himself 
with  the  particular  circumstances  of  it,  'cannot  judge  how 
far  it  may  or  may  not  be  applicable  to  the  one  under 
consideration. 

All  which  is  humbly  submitted  to  the  wisdom  of  Con- 


JOHN  JAY. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs. 
May  llth,  1785. 

"  On  the  report  of  the  Secretary  for  Foreign  Affairs, 
accompanied  with  a  letter  of  the  9th  of  April  from  the 
Charge  d'Affaires  of  France,  and  a  commission  from  his 
most  Christian  Majesty,  appointing  the  Sieur  Ignatius 
Romain  Chevalier  D'Aristay  de  Chateaufort  to  be  Consul 
of  France,  for  the  States  of  North  Carolina,  South  Caro- 
lina and  Georgia,  to  reside  ordinarily  at  Charleston, 

Resolved,  That  the  said  commission  be  registered  in 
the  Secretary's  office,  and  that  thereupon  an  act  of  re- 
cognition in  due  form  be  immediately  issued  to  the  States 
in  question,  in  order  that  they  may  furnish  the  said 
Consul  with  their  Exequatur  or  notification  of  his  quality, 
that  the  same  may  be  made  known  and  published. 

The  committee,  consisting  of  Mr.  King,  Mr.  Monroe, 
and  Mr.  Johnson,  to  whom  was  referred  a  report  of  the 
Secretary  for  Foreign  Affairs,  on  the  following  para- 
graph in  the  letter  of  the  9ih,  from  the  Charge  d'Affaires 
of  France : 


DIPLOMATIC  CORRESPONDENCE.  183 

"  As  I  must  return  without  delay  to  New  York,  and  as 
"  the  business  of  the  Consulate  must  not  be  interrupted, 
"  my  brother  will  do  the  duties  here,  during  my  absence, 
"  in  the  same  manner  as  those  of  the  Consul  of  Charles- 
"  ton  have  been  done  to  this  time,  by  the  Vice  Consul  of 
"  Georgia;  I  must  therefore  beg,  sir,  that  you  will  procure 
"  me  a  resolution  of  Congress  to  that  effect,  and  a  requisi- 
"  tion  to  the  States  of  Pennsylvania  and  Delaware  for  his 
"  Exequatur  and  notification  of  the  character  of  Pierre 
"  Francois  Barbe  de  Marbois,  jr.  as  Vice  Consul  for  the 
"  States  of  Pennsylvania  and  Delaware," 

Report,  that  on  the  14th  day  of  September,  1781,  it  was 
resolved  by  Congress,  "  That  until  the  ratification  of  some 
"  Convention  between  his  most  Christian  Majesty  and  the 
"  United  States,  concerning  vice  consular  power,  every 
"  Vice  Consul  of  his  most  Christian  Majesty  shall,  upon 
"  the  application  of  the  Consul  appointing  him,  to  the  Su- 
"  preme  Executive  power  of  the  State  to  which  he  may 
"  be  sent,  receive  the  Exequatur  in  the  like  form  with  the 
"  Exequa-tur  delivered  to  the  Consul,  mutatis  mutandis ; 
"  and  thereupon  the  same  proceedings  shall  be  had  with 
"  respect  to  publication;"  and  although,  subsequently  to 
this  resolution,  on  the  llth  February,  1784,  five  brevets 
for  Vice  Consuls  of  France  were  presented  to  Congress, 
and  registered  in  the  office  of  their  Secretary,  and  acts  of 
recognition  thereupon  issued  to  the  States  concerned,  in 
order  that  they  might  be  respectively  furnished  with  their 
Exequaturs  or  notification  of  their  quality,  it  appears  that 
they  were  appointed  immediately  by  his  most  Christian 
Majesty,  and  therefore  not  within  the  provision  of  the 
resolve  of  the  14th  September,  1781 ;  and  as  the  United 
States  have  not  ratified  any  convention  between  them 


184          JOHN  JAY— SEC.  FOR  FOREIGN   AFFAIRS. 

and  his  most  Christian  Majesty,  concerning  Vice  Consular 
power,  and  the  resolve  of  the  14th  September,  1781,  afore- 
said, establishes  a  mode  for  the  recognition  and  notifica- 
tion of  Vice  Consuls  of  France,  appointed  by  any  Con- 
sul of  that  nation,  which  mode  is  to  be  observed  until 
such  Convention  may  be  ratified,  the  Committee  are  of 
opinion  that  it  would  be  inexpedient  to  vary  from  the 
mode  therein  established  until  the  ratification  of  such 
Convention. 

Resolved,  That  Congress  agree  to  the  report." 


FROM    JOHN    JAY    TO    ROBERT    MORRIS. 

Office  of  Foreign  Affairs,  March  31,  1785. 
Dear  Sir, 

Congress  has  directed  me  to  cause  the  pictures  of  the 
King  and  Queen  of  France  to  be  removed  from  Monsieur 
De  Marbois'  house  to  this  place.  That  gentleman,  in- 
tending soon  to  leave  Philadelphia,  is  very  solicitous 
to  be  relieved  from  the  care  of  them,  and  has  written  to 
me  within  a  few  days  past  in  pressing  terms  on  the  subject. 

As  Mr.  Thompson  purposes  removing  his  family  to 
this  city,  I  had  intended  leaving  these  pictures  where  they 
are,  until  his  furniture  was  ready  to  be  removed,  and  to 
request  the  favor  of  him  to  give  them  a  place  among  his 
goods  ;  but  as  Mr.  De  Marbois'  leaving  the  house  soon, 
makes  it  necessary  that  they  should  be  carried  to  a  place 
of  safety,  until  'a  good  opportunity  offers  of  sending 
them  here,  I  must  request  the  favor  of  you  to  be  at  this 
trouble,  and  to  charge  me  with  the  expense  attending  it. 


DIPLOMATIC  CORRESPONDENCE.  185 

It  is  not  pleasant  to  trouble  one's  friends  with  such  son 
of  matters,  but  the  particular  circumstance  of  the  case, 
be  my  apology. 

I  am,  &c. 

JOHN  JAY. 


FROM  JOHN  JAY  TO  MONSIEUR  DE  MARBOIS. 

New  York,  March  31,  1785. 

Mr.  Jay  presents  his  compliments  to  Monsieur  De 
Marbois,  and  has  the  honor  of  informing  him,  that  he  has 
this  day,  by  letter,  requested  the  favor  of  Mr.  Morris  to 
receive  and  take  charge  of  the  pictures  of  the  King  and 
Queen  of  France.  Mr.  Jay  flatters  himself  therefore, 
that  Mr.  De  Marbois  will  soon  be  relieved  from  his  em- 
barrassments respecting  those  pictures.  Congress  has  or- 
dered that  they  be  brought  to  this  city,  and  placed  in  their 
chamber ;  and  this  will  be  done  as  soon  as  the  season 
will  admit  of  their  being  transported  with  ease  and  safety. 

JOHN  JAY. 


FROM    ROBERT    MORRIS    TO    MONSIEUR    DE    MARBOIS. 
Philadelphia,  April  15,  1785. 
Sir, 

Two  days  since  I  had  the  honor  to  communicate  (by 
one  of  my  clerks,)  a  letter  of  the  31st  of  March,  from 
the  honorable  Mr.  Jay,  requesting  me  to  receive  from 
you  the  pictures  of  the  King  and  Queen  of  France,  and 
you  were  pleased  to  appoint  this-day  or  to-morrow  for 
VOL.  i.— 24 


186         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

the  delivery  of  them.  In  consequence  of  your  letter  of  this 
date,  I  asked  the  favor  of  Mr.  Wright  to  examine  these 
paintings,  and  give  me  his  opinion  of  their  present  condi- 
tion, in  order  that  I  might  sign  a  certificate  and  receipt 
agreeably  to  your  desire.  Understanding  that  the  pictures 
must  be  taken  out  of  the  frames,  I  employed  Mr.  Rey- 
nolds, an  artist  in  that  way,  to  take  them  carefully  out, 
and  transport  them  to  a  place  of  safety,  until  proper 
cases  were  provided,  and  orders  r.eceived  for  sending 
them  forward  to  New  York.  Mr.  Jay's  request,  as  it 
now  stands,  being  only  to  receive  and  deposit  them  in  a 
place  of  safety.  I  am  just  informed  that  you  have 
thought  proper  to  refuse  the  delivery ;  and  as  I  presume 
there  must  be'  some  mistake,  it  is  only  from  you,  sir, 
that  I  can  expect  an  explanation. 

I  am,  sir,  &c. 

ROBERT  MORRIS. 


FROM  MONSIEUR  DE  MARBOIS  TO  ROBERT  MORRIS. 

Translation. 

Philadelphia,  April  15,  1785. 
Sir, 

When  Mr.  Wright  and  another  gentleman  applied  to 
me  this  day,  they  told  me  your  intention  was  to  have  the 
pictures  of  the  King  and  Queen  put  up  in  your  front 
parlor,  and  they  accordingly  took  the  dimensions  of  them, 
and  agreed  that  they  would  fit  the  place.  I  told  them  I 
was  sensible  of  your  care  and  attention,  but  that  the 
intention  of  Congress  was  not  such ;  and  that  according 
to  the  communication  of  Mr.  Jay,  which  I  shewed  to 
your  clerk/ "they  had  ordered  that  they  be  brought  -to 


DIPLOMATIC  CORRESPONDENCE.  187 

New  York,  and  placed  in  their  chamber ;  and  that  this 
would  be  done  as  soon  as  the  season  would  admit  of  their 
being  transported  with  ease  and  safety  by  water."  I 
added,  that  being  fourteen  feet  high,  and  eight  broad, 
they  could  not  go  from  my  house  without  putting  the 
frames  in  eight  parts ;  that  dismounting  and  mounting 
them  again,  unscrewing  and  screwing  thirty-three  gilded 
screws,  putting  them  up  in  a  chamber,  taking  them  down 
again,  would  injure  them,  and  they  agreed  this  would  be 
the  consequence.  They  returned  a  second  time,  and 
their  proposal,  I  think,  was  different  from  the  first ;  they 
said  your  intentions  now  were  to  put  them  in  some  place 
in  your  house  up  stairs.  I  declined,  because  they  could 
not  be  so  deposited  uncased,  without  injury,  and  no  cases 
of  the  magnitude  they  would  require,  could  be  brought 
up  stairs  in  any  house  here.  I  told  them  that  if  you 
would  give  directions  to  have  them  cased  in  my  house, 
they  might  begin  immediately ;  and  I  have  the  honor  to 
inform  you  that  it  will  be  done  so,  if  upon  this  commu- 
nication of  the  intentions  of  Congress,  you  are  of  their 
sentiment.  The  only  construction  of  the  letters  I  have 
received  is,  that  Congress  will  have  these  pictures  go 
from  my  house  to  New  York  as  soon  as  the  season  will 
admit,  and  certainly  no  season  is  more  fit  than  the  present 
or  latter  end  of  this  month.  As  to  the  cases  they  may 
be  finished  in  four  or  five  days,  and  in  the  meanwhile  the 
pictures  may  stay  in  my  house.  If  your  sentiments  are 
different,  I  shall  have  the  satisfaction  of  presenting,  myself, 
to  the  Congress,  the  portraits  of  their  allies ;  and  this  is 
what  I  expected  when  I  applied  to  Mr.  Jay,  to  know 
their  intentions  on  that  subject. 

I  have  the  honor  to  be,  &c. 

DE  MARBOIS. 


188         JOHN. MY— SBC.  FOR  FOREIGN  AFFAIRS. 

FROM   ROBERT    MORRIS    TO    MONSIEUR    DE    MARBO1S. 
Philadelphia,  April  16,  1785. 
Sir, 

My  intentions  with  respect  to  the  pictures,  were  never 
made  known  to  any  of  the  persons  who  were  employed 
to  view  and  remove  them,  therefore  it  was  not  in  their 
power  to  disclose  to  you  what  was  unknown  to  them- 
selves. 

The  information  they  gave  must  have  been  founded  on 
their  own  conjectures,  from  the  circumstance  of  my  hav- 
ing desired  the  height  of  the  pictures  and  the  height  of 
my  front  parlor  to  be  taken  ;  and  afterwards,  when  I  was 
informed  that  the  frames  of  these  pictures  must  be  taken 
off  before  they  could  be  got  out  of  your  house,!  observed 
in  presence  of  one  of  those  persons,  that  they  might  in 
that  situation,  be  deposited  in  one  of  my  rooms  up  stairs, 
which  could  best  be  spared  from  the  family  use  until  pro- 
per cases  could  be  made  for  packing  them.  The  idea  of 
removing  these  pictures  from  your  house  is  contained  in 
Mr.  Jay's  letter  to  me  in  the  following  words:  "  As  Mr. 
"  Thompson  purposes  to  remove  his  family  to  this  city,  I: 
"  had  intended  to  leave  these  pictures  where  they  are  until 
"  his  furniture  was  ready  to  be  removed,  and  to  request  the 
"  favor  of  him  to  give  them  a  place  among  his  goods,  but 
"  as  Mr.  De  Marbois'  leaving  the  house  soon  makes  it 
"  necessary  that  they  should  be  carried  to  a  place  of  safe- 
"  ty,  until  a  good  opportunity  offers  of  sending  them 
"  here,  I  must  request  the  favor  of  you  to  be  at  this  trou- 
"  ble,  and  to  charge  me  with  the  expense  attending  it." 
From  this  paragraph  you  must  readily  perceive  that  I 
supposed,  especially  as  the  vendue  was  over,  that  you 


DIPLOMATIC  CORRESPONDENCE.  1Q9 

were  about  to  leave  the  house,  and  thence  arose  the  ne- 
cessity of  removing  the  pictures.  I  was  not  very  easy 
under  the  idea  of  responsibility  for  accidents  that  might 
befal  them  whilst  in  my  charge,  and  had  concluded  to 
take  them  into  my  house  as  the  safest  place,  with  a  de- 
termination (previously  made  known)  of  locking  up  the 
room  and  keeping  my  key  in  my  own  pocket  the  whole 
time  they  should  remain  there.  [Thus,  sir,  you  will  see 
it  was  not  in  my  contemplation  to  screw  and  unscrew,  to 
put  them  up  and  take  them  down,  or  make  any  ostenta- 
tious show  of  them.  The  veneration  which  I  entertain 
for  their  Majesties,  the  respect  I  bear  to  Congress,  and 
trust  reposed  by  Mr.  Jay,  forbid  such  an  idle  display  of 
vanity,  as  you  have  done  me  the  honor  to  suppose  was 
intended  on  my  part.  , 

You  tell  me,  sir,  when  you  applied  to  Mr.  Jay  upon 
this  subject,  you  expected  to  have  had  the  satisfaction  of 
presenting,  yourself,  these  valuable  portraits  to  Congress. 
I  am  certain  that  if  Mr.  Jay  had  known  of  your  expectation 
he  would  not  have  applied  to  any  other  person,  and  as 
my  desire  is  only  to  comply  with  his,  I  have  not  a  wish 
to  deprive  you  of  the  satisfaction  you  propose  to  yourself 
upon  this  occasion,  and  therefore  relinquish  any  interfer- 
ence, although  I  am  not  insensible  to  the  honor  conferred 
by  the  trust  which  was  committed  to  me. 
I  am,  Sir,  &c. 

ROBERT  MORRIS. 


190         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

FROM    ROBERT    MORRIS    TO    JOHN    JAY. 

Philadelphia,  April  16,  1785. 
Dear  Sir, 

Soon  after  the  receipt  of  your  letter  of  the  31st  ult. 
I  sent  one  of  my  young  men  to  shew  it  to  Monsieur  De 
Marbois,  and  ask  him  when  he  would  wish  to  have  the 
pictures  removed,  he  fixed  on  yesterday  or  this  day,  (as 
his  public  auction  was  to  be  held  on  Thursday)  and 
yesterday  I  received  a  letter  frpm  him,  of  which  the 
enclosure,  No.  1,  is  a  copy ;  in  consequence  of  it  I  sent 
Mr.  Wright,  a  portrait  painter,  to  view  the  condition  of 
the  pictures,  and  a  carpenter  to  measure  the  height  of 
them,  to  see  whether  I  could  place  them  in  my  front 
parlor,  which,  being  clean  and  free  from  vermin,  I 
thought  would  be  the  safest  place  I  could  put  them  in, 
until  you  should  order  them  for  New  York.  It  seems, 
from  some  conversation  Mr.  De  Marbois  had  with  the 
persons  I  sent  thither,  he  took  it  into  his  head  that  I  was 
going  to  shew  off  with  their  Majesty's  pictures,  vented 
some  expressions  of  that  purport,  and  finally  refused  the 
delivery  of  them. 

As  I  had  declined  personal  interviews  with  this  gentle- 
man for  some  time  past,  I  wrote  him  the  letter,  of  which 
No.  2  is  the  copy,  received  the  answer,  No.  3,  and  have 
closed  the  correspondence  with  No.  4.  I  will  not  take 
up  your  time  by  assigning  what  I  suppose  to  be  the 
reasons  of  Mr.  De  Marbois'  conduct ;  all  I  wish  is,  that 
mine  may  appear  as  proper  in  your  eyes  as  it  does  in  my 
own. 

I  am,  &,c. 

ROBERT  MORRIS. 


DIPLOMATIC  CORRESPONDENCE.  191 

P.  S.  I  have  just  received  another  letter  from  Mr. 
De  Marbois,  of  this  date,  a  copy  whereof  is  enclosed, 
marked  No.  5,  to  which  I  do  not  reply. 


FROM    MONSIEUR    DE    MARHOIS    TO    ROBERT    MORRIS. 

Translation. 

Philadelphia,  April  16,  1785. 
Sir, 

The  letter  which  you  have  honored  me  with  this 
morning,  contains  the  most  satisfactory  explanations  of  a 
mistake,  occasioned  by  your  commissioners'  positive  as- 
sertions. At  the  same  time  you  may  be  assured,  had  it 
been  consistent  with  the  intentions  of  Congress,  and  the 
shape  of  the  portraits  and  pictures,  there  is  no  house 
where  I  might  have  seen  them  deposited,  with  more  con- 
fidence of  their  preservation  and  safety,  than  yours.  As 
to  a  desire  you  might  have  had  of  putting  them  up  in 
your  house,  far  from  attributing  it  to  an  idle  display  of 
vanity,  I  could  not  but  be  flattered  with  your  wishes 
upon  that  point.  Your  letter,  explaining  every  thing 
which  had  occasioned  a  mistake,  I  would  not  have 
troubled  you  with  this  letter,  had  I  not  been  desirous  of 
removing,  also,  on  ybur  side,  every  ungrounded  idea 
which  you  might  have  formed  on  the  occasion,  and  also 
of  expressing  my  satisfaction  that  you  do  not  disapprove 
of  my  forwarding,  myself,  to  the  Congress,  the  pictures 
of  their  Majesties. 

I  am,  Sir,  &c. 

DE  MARBOIS. 


192         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

FROM    MONSIEUR    DE    MARBOIS    TO    JOHN    JAY. 

Translation. 

Philadelphia,  April  17,  1785. 
Sir, 

I  have  received  the  letters  you  have  done  me  the 
honor  to  write  to  me,  respecting  the  portraits  of  the  King 
and  Queen.  I  have  learnt  with  much  satisfaction,  the 
desire  that  Congress  have  to  fix  them  in  the  place  where 
they  sit ;  I  wish  much  to  have  the  honor  to  present  them 
myself ;  I  have  expressed  this  wish  to  Mr.  Morris,  and 
though  he  was  anxious  to  take  charge  of  them  himself, 
agreeably  to  what  you  wrote  us,  he  has  however  thought 
you  would  not  disapprove  his  giving  them  in  charge  to 
me.  I  am  extremely  sensible  of  his  complaisance  on 
this  occasion,  and  hope  it  will  meet  your  approbation, 
that  I  may  have  the  honor  to  present  you  these  pictures 
the  beginning  of  the  next  month. 

I  am,  &c. 

DE  MARBOIS. 


FROM   JOHN   JAY    TO    ROBERT    MORRIS. 

Office  for  Foreign  Affairs.     } 
April  22,  1785.  5 

Dear  Sir, 

I  have  been  favored  with  yours  of  the  16th  instant, 
and  exceedingly  regret  that  your  'friendly  compliance 
with  my  request,  and  for  which  I  very  sincerely  thank 
you,  has  been  the  means  of  drawing  you  into  so  un- 
pleasant a  correspondence. 

Be  assured,  my  dear  sir,  that  your  conduct  on  the  occa- 


DIPLOMATIC  CORRESPONDENCE.  193 

sion,  appears  to  me  to  have  been  perfectly  proper,  and 
that  I  cannot  perceive  the  least  room  to  conclude  or 
suspect  that  you  were  influenced  by  any  other  motive, 
than  those  delicate,  friendly  and  honorable  ones,  which 
uniformly  direct  and  distinguish  your  actions. 

With  great  esteem,  &c. 

JOHN  JAY. 


JOHN    JAY   TO    THE    PRESIDENT    OF    CONGRESS. 

Office  for  Foreign  Affairs,? 
April  28,  1785.        S 

Sir, 

I  enclose  a  letter  I  have  just  received  from  the  Marquis 
de  la  Fayette.  It  contains,  among  others,  a  very  inter- 
esting paragraph  respecting  Mr.  Longchamps.  Be  pleas- 
ed, sir,  to  read  the  whole  to  Congress,  and  I  sincerely 
wish  that  his  communication  on  that  subject  may  be 
regarded  as  confidential. 

I  am  inclined  to  think  it  might  answer  good  purposes 
for  me  to  send  the  Marquis  (in  a  private  letter)  a  copy 
of  the  report  on  the  case  of  Longchamps.  It  might 
be  the  means  of  diffusing  certain  ideas  at  Versailles  on 
that  subject,  which  would  promote  our  views  without 
making  Congress  responsible  for  them,  and  tend  to  check 
any  desire  they  may  have  to  press  us  further  about  the 
matter. 

I  do  not  mean  that  a  formal   Resolution    should   be 

passed,  or  that  any  thing  should  appear  on  the  Journals 

about  it.     Your  Excellency  will   be    able  to   perceive, 

from  the  reception  of  this  proposition,  whether  the  mem- 

VOL.  i.— 25 


194         JOHN  JAY— SEC.   FOR  FOREIGN  AFFAIRS. 

bers  generally  approve  of  it — and  a  private  hint  to  do 
or  omit  it  will  answer  every  purpose. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


FROM    MONSIEUR   DE    MARBOIS    TO   JOHN   JAY. 

Translation. 

New  York,  May  16,  1785. 
Sir, 

I  have  the  honor  to  send  you  a  new  memorial  for 
Congress ;  in  it  I  have  resumed  the  principal  affairs  re- 
specting accounts  which  were  mentioned  in  our  last  con- 
versation. I  earnestly  request  you  to  concur  with  me 
in  adjusting  these  points.  M.  de  Chateaufort  only 
waits  for  the  despatch  of  the  recommendations  of  Con- 
gress to  go  to  the  place  of  his  destination,  and  if  I  can 
send  them  to  him,  to-morrow,  or  the  day  after,  he  will 
receive  them  soon  enough  to  depart  in  a  packet-boat 
now  at  Philadelphia ;  otherwise,  he  will  be  detained  for 
some  weeks. 

I  am,  with  great  respect,  &c. 

DE  MARBOIS. 


NOTE. 

Translation. 

New  York,  May  16,  1785. 

The  underwritten,  Charge  d' Affaires  of  his  most 
Christian  Majesty,  has  the  honor  to  submit  to  Congress, 
several  matters  which  have  been  presented  to  him,  and 


DIPLOMATIC  CORRESPONDENCE.  195 

respecting  the  greater  part  of  which  this  body  has  pass- 
ed several  resolutions  which  have  not  received  a  final 
execution,  on  account  of  the  multiplicity  of  other  ob- 
jects in  which  they  have  been  engaged.  The  greater 
part  of  these  affairs  respect  those  French  subjects,  who, 
not  having  received  a  satisfactory  answer  from  the  un- 
dersigned, have  addressed  his  Majesty's  Ministers,  and 
he  has  received  orders  to  press  Congress,  in  the  name 
of  the  King,  to  take  effectual  measures  to  satisfy  the 
French  creditors  of  the  United  States,  and  to  give  an 
account  of  the  arrangements  which  shall  be  made  by 
this  body. 

One  of  the  most  important  subjects  is,  that  of  Loan 
Office  certificates.  The  underwritten  cannot  enter  into 
the  detail  of  the  deplorable  state  to  which  many  French 
subjects,  holders  of  the  certificates,  are  reduced.  But 
he  had  the  honor  to  communicate  to  Congress  the  last 
year,  a  list  of  such  certificates  as  came  to  his  know- 
ledge, and  after  this  communication,  Congress,  adopting 
the  report  of  their  Grand  Committee  of  27th  April,  1784, 
recommend  to  the  respective  States  "  to  admit  strangers 
"  to  a  participation  of  the  payment  of  the  interest  of  Loan 
"  Office  certificates  without  distinction  of  citizens  or  stran- 
"  gers,  and  to  extend  to  them,  not  only  the  benefit  of 
"  future  payments,  but  also  those  already  made."  Not- 
withstanding these  recommendations,  the  French  sub- 
jects see  the  payments  of  interest  made  as  heretofore, 
without  their  participation.  The  interest  accumulates 
yearly,  and  the  complaints  of  these  foreign  creditors  are 
the  more  urgent,  as  they  see,  by  the  payments  made 
to  the  citizens,  that  it  is  not  through  the  want  of  re- 
sources and  means  that  they  are  not  paid,  but  through 


196         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

reasons  very  distressing  to  the  friends  of  the  United 
States.  The  underwritten  has  addressed  himself  to  one 
of  the  States  of  the  Union,  to  press  them  to  pay  re- 
spect to  the  recommendations  of  Congress ;  the  answer 
he  received  was  by  no  means  satisfactory,  and  clearly 
proves  that  it  is  from  Congress  alone  that  the  French 
creditors  are  to  expect  justice. 

Other  French  subjects  have  made  deposites  since  the 
estimate  that  the  underwritten  has  had  made;  but  he 
thinks  he  can  calculate  that  the  sums  that  are  due  to 
them,  are  not  below  five  millions  five  hundred  thousand 
dollars,  nor  above  six  millions.  The  deposites  have  been 
made  at  different  times,  on  account  of  individuals  that 
were  absent.  They  are  invested  with  all  the  forms 
prescribed  by  law,  to  prevent  abuses  in  cases  of  this 
nature.  The  justice  of  Congress  should  authorize  credit 
to  be  given  to  these  individuals  for  the  value  of  these 
funds,  at  the  time  the  different  deposites  were  made  ; 
and  the  underwritten,  on  this  occasion,  prays  that  Con- 
gress would  let  him  know  whether  claims  of  this  nature 
ought  to  be  classed  amongst  those  which  the  resolution 
of  the  17th  March  of  this  year,  has  in  view.  In  which  case 
it  would  be  proper  to  consider  the  distance  of  the  French 
creditors  who  cannot  furnish  the  explanations  that  may  be 
necessary  in  the  space  of  a  year,  and  the  difficulty  of 
stating  the  proof  of  the  justice  of  their  claims  at  the  actual 
period,  will  perhaps  determine  Congress  to  adopt  the 
measure,  which  the  underwritten  takes  the  liberty  to  pro- 
pose, to  give  an  account  to  each  of  those  persons  of  the 
value  of  paper  money  at  the  respective  periods,  when  the 
deposites  were  made  and  the  interest  due  since  the  said 
periods.  Finally,  if  the  proposition  is  not  adopted,  the 


DIPLOMATIC  CORRESPONDENCE.  197 

underwritten  prays  that  Congress  will  pass  some  resolu- 
tion in  behalf  of  these  creditors  ;  and  to  consider,  at  the 
same  time,  that  the  absence  and  distance  of  the  French 
subjects  does  not  permit  them  to  sink  their  paper  money, 
either  by  paying  taxes,  or  by  purchasing  lands,  or  by  other 
means  which  may  suit  the  citizens  and  inhabitants  of  the 
United  States,  that  they  cannot  obtain  real  justice  but 
by  such  arrangements  as  they  can  negotiate,  or  selling 
effects  by  which  they  shall  be  paid,  or  making  them 
serve  for  the  payment  of  their  particular  debts. 

The  underwritten  has  had  the  honor  of  addressing 
Congress  on  other  different  subjects  which  have  not  yet 
been  determined.  He  will  only  repeat  here,  such  as  con- 
cern the  liquidation  of  debts. 

The  claim  made  on  Mr.  Bingham,  for  several  sums 
advanced  by  the  Treasurers  and  the  correspondent  of 
the  Commissary  at  Martinique,  has  been  taken  into  con- 
sideration by  Congress,  the  16th  December  last,  and  it 
appears  from  the  information  received,  that  Mr.  Bingham 
has  been  a  long  time  paid  by  the  United  States.  This 
affair  having  been  more  than  five  months  before  Congress, 
the  underwritten  requests  that  this  assembly  would  inform 
him,  by  what  means,  he  can  come  at  the  reimbursement 
of  the  sums  due  by  Mr.  Bingham,  and  as  they  are  con- 
siderable, he  has  received  fresh  demands,  dated  19th 
April  last,  from  the  Governor  of  Martinique,  and  he  is 
lately  informed  that  many  accounts  are  suspended  by 
the  absence  of  Mr.  Bingham,  and  by  the  delay  of  pay- 
ment. 

It  is  near  three  months  since  the  underwritten  has  had 
the  honor  to  submit  to  Congress,  the  titles  of  a  debt  due 
by  the  United  States  to  the  Sieurs  Sabatier  and  Despres, 


198         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

and  which  the  Royal  Treasurer  has  discharged.  He 
prays  that  Congress  would  inform  him  of  the  arrange- 
ments made  on  this  subject. 

Finally,  the  8th  March  last,  the  underwritten  re- 
newed the  demands  which  the  Chevalier  de  la  Luzerne 
had  made  on  the  9th  April,  1784.  Congress  then  in- 
formed this  Minister,  by  a  resolution  of  10th  April  of  the 
same  year,  "  That  they  would,  with  the  greatest  care, 
"  adopt  subsequent  measures  for  the  punctual  payment 
"  of  the  principal  and  interest  at  different  periods,  con- 
"  formable  to  contract."  This  resolution  has  been  trans- 
mitted to  the  court,  and  the  underwritten  has  orders  to 
inform  his  Majesty's  Ministers  with  what  effect  it  has 
been  followed,  and  he  prays  that  Congress  would  take  up 
the  letter  which  he  wrote  the  honorable  Mr.  Jay  on  this 
subject,  the  8th  March  last,  and  put  him  in  a  way  of 
satisfying  the  orders  he  has  received. 

Congress  will  perceive  the  necessity  of  determining 
affairs  of  this  importance,  the  issue  of  which  whilst  doubt- 
ful, keeps  many  families  in  distress,  and  is  inconvenient 
to  many  others,  and  he  would  wish  it  considered  that  the 
French  creditors  are  the  only  persons,  who  as  yet,  have 
not  participated  in  the  advantages  which  the  return  of 
peace  has  procured  the  United  States. 

That  there  is  not  in  the  demands,  which  the  under- 
written makes,  any  point,  the  justice  of  which  has  not 
been  acknowledged  by  Congress  itself,  and  that,  by 
renewing  so  frequently  his  demands,  he  but  obeys  the 
obligations  which  his  station  imposes  on  him,  and  com- 
plies with  a  duty  which  cannot  be  disagreeable  to  Con- 
gress whilst  justice  is  its  object. 

DE  MARBOIS. 


DIPLOMATIC  CORRESPONDENCE.  199 


FROM    JOHN    JAY    TO    MONSIEUR    DE    MARBOIS. 

Office  for  Foreign  Affairs,      ? 
May  18,  1785.  S 

Sir, 

I  have  the  honor  of  informing  you,  that  the  business  of 
Monsieur  De  Chateaufort  is  completed,  and  the  papers 
respecting  it,  are  herewith  enclosed. 

Permit  me  to  assure  you  that  the  other  affairs  which 
you  have  laid  before  me,  shall  be  immediately  attended 
to. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


FROM   JOHN    JAY    TO    MONSIEUR    DE    MARBOIS. 

Office  for  Foreign  Affairs,     3 
May  19,  1785.  $ 

Sir, 

I  have  the  honor  of  transmitting  to  you  herewith, 
enclosed,  an  extract  from  the  act  of  Congress,  on  the 
subject  of  that  part  of  your  letter  to  me  of  the  9th  ult. 
which  relates  to  the  appointment  of  your  brother  as  Vice 
Consul. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


200         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

FROM    MONSIEUR    DE    MARBOIS    TO    JOHN    JAY. 

Translation. 

New  York,  May  19,  1785. 
Sir, 

I  received  the  two  letters  you  did  me  the  honor  to 
write,  and  the  resolutions  relative  to  the  Consul  of 
Charleston,  and  to  the  Vice  Consulate  that  I  had  pro- 
posed for  Philadelphia ;  I  shall  transmit  the  former  with- 
out delay  to  M.  De  Chateaufort,  as  well  as  its  pro- 
visions. 

With  respect  to  the  demand  which  I  took  the  liberty 
to  make  for  my  brother,  it  was  founded  on  what  has 
been  practised  with  regard  to  the  Vice  Consul,  who  has 
been  charged  with  fulfilling  the  functions  of  the  Consul 
of  Charleston,  in  the  absence  of  the  latter ;  but  the  form 
prescribed  by  the  resolution  of  Congress,  of  the  14th  Sep- 
tember, 1781,  is  sufficient,  and  I  shall  conform  to  it. 

A  vessel  has  lately  arrived  from  Marseilles,  and  I  am 
assured,  that,  at  the  time  of  her  departure,  there 
were  no  accounts  of  the  capture  of  any  other  American 
vessels  by  the  Barbarians,  except  the  one  carried  into 
Tangiers  in  October  last.  They  add,  that  the  Moors 
desired  to  enter  into  a  treaty  with  the  United  States,  and 
that  the  other  powers  of  the  Mediterranean,  Africa 
likewise,  expected  overtures  for  treaties.  I  should  have 
had  the  honor  of  communicating  these  particulars,  of 
which,  perhaps,  you  are  already  informed  before,  if  I 
had  not  been  on  the  eve  of  leaving  town  for  a  few  days, 
on  my  tour  to  Long  Island. 

I  am,  &c. 

DE  MARBOIS, 


DIPLOMATIC  CORRESPONDENCE.  2Q1 


FROM  JOHN  JAY  TO  THE  PRESIDENT  OF  CONGRESS. 

Office  for  Foreign  Affairs,      > 
May  26,  1785.  $ 

Sir, 

I  have  the  honor  to  transmit  to  your  Excellency, 
herewith  enclosed,  a  note  from  M.  De  Marbois,  dated 
the  16th  inst.  on  several  interesting  subjects  ;  to  which 
he  is  very  solicitous  that  Congress  would  be  pleased  to 
pay  early  attention. 

With  great  respect  and  esteem,  &c. 

JOHN  JAY. 


FROM    MONSIEUR    DE    MARBOIS    TO    JOHN    JAY. 

Translation. 

New  York,  June  1,  1785. 
Sir, 

I  have  the  honor  to  communicate  to  you  the  copy  of  a 
letter  which  the  King  writes  to  the  Congress  of  the 
United  States.  I  request  that  you  will  be  pleased  to  in- 
form me  when  I  can  have  the  honor  to  deliver  the  original 
to  his  Excellency  the  President  of  Congress. 
I  am,  with  respect,  &c. 

DE  MARBOIS. 


Translation. 

Very  dear  great  Friends  and  Allies, 
It  is  with  the  greatest  eagerness,  we  inform  you  that 
the  Queen,  our  very  dear  spouse,  was  delivered  this  day, 
of  a  Prince  whom  we  have  called  the  Duke  of  Norman- 
VOL.  i.— 26 


202         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

dy.  We  doubt  not  but  that  you  will  sincerely  participate 
with  us,  in  the  satisfaction  which  this  fortunate  event  oc- 
casions, and  that  you  are  well  convinced  of  the  pleasure 
with  which  we  shall  receive  the  testimonies  you  shall 
give  us  thereof.  We  feel  a  very  true  one  in  availing  our- 
selves of  this  opportunity  to  renew  the  assurances  of  our 
affection,  and  of  our  constant  friendship  for  you. 

And  so  we  pray  God  that  he  will  have  you,  very  dear 
great  Friends  and  Allies,  in  his  holy  and  worthy  keeping. 
Written  at  Versailles,  the  27th  March,  1785. 

LOUIS. 


FROM    JOHN    JAY    TO    THE    PRESIDENT    OF    CONGRESS. 

p  Foreign  Affaii 
June  3,  1785. 


Office  for  Foreign  Affairs,  ? 


Sir, 

M.  De  Marbois  has  received  for  your  Excellency,  a 
letter  from  the  King  of  France,  announcing  the  birth  of 
his  son,  the  Duke  of  Normandy. 

He  observes  that  Congress  have  not,  as  yet,  been 
pleased  to  prescribe  any  form  or  ceremony  or  rule, 
respecting  the  delivery  of  such  letters  to  them,  from 
Sovereigns,  as  their  Ministers  residing  here  may  be 
charged  with.  He  wishes,  therefore,  to  be  informed 
whether  he  shall  deliver  the  letter  in  question  to  your 
Excellency  at  your  house?  or  in  the  Congress  Chamber? 
or  in  a  private  audience? 

In  my  opinion,  it  would  be  proper  to  make  a  distinc- 
tion between  a  Charge  d' Affaires,  a  Minister  Plenipoten- 
tiary, and  an  Ambassador. 


DIPLOMATIC  CORRESPONDENCE.  2Q3 

In  the  first  case,  (which  is  the  present,)  I  think  the 
Secretary  for  Foreign  Affairs  should  conduct  him  to  your 
Excellency's  house,  and  that  he  should  there  deliver  the 
letter. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


Report  of  Secretary  Jay,  on  a  letter  from  the  King  of 
of  France,  announcing  the  birth  of  a  Prince. 

Office  for  Foreign  Affairs,      } 
June  13,  1785.  5 

The  Secretary  of  the  United  States  for  the  Department 
of  Foreign  Affairs,  to  whom  was  referred  a  letter  to 
Congress  from  his  most  Christian  Majesty,  of  27th 
March  last,  announcing  the  birth  of  a  Prince,  Reports 
the  following  answer  to  that  letter,  viz : 

Great,  faithful  and  beloved  Friend  and  Ally, 

We  have  received  the  letter  which  your  Majesty  did 
us  the  honor  to  write  on  the  27th  March  last. 

The  magnanimity  of  your  conduct  towards  us,  in  the 
day  of  our  distress,  will  always  lead  us  to  consider  every 
event  as  fortunate,  which  adds  to  the  domestic  felicity  of 
your  family,  and  the  general  happiness  of  your  people. 

We  consider  the  birth  of  a  Prince  as  conducing  to  both 
these  desirable  objects,  and  we  present  to  your  Majesty 
and  the  Queen,  our  sincere  congratulations  on  that  joyful 
occasion. 

Permit  us  to  assure  your  Majesty  of  our  increasing 
gratitude  and  attachment,  and  of  the  sincerity  with  which 


204         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

we  pray  that  the  Almighty  may  always  keep  you  and 
yours  in  his  holy  protection. 

Done  at  New  York, day  of  June,  1785,  by  the 

United  States  in  Congress  assembled,   your  Majesty's 
faithful  friends  and  Allies. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM    MONSIEUR    DE    MARBOIS   TO    JOHN    JAY. 

Translation. 

New  York,  June  14,  1785. 
Sir, 

I  have  had  the  honor  of  frequently  representing  to 
Congress  the  disagreeable  situation  to  which  many  of  its 
creditors,  subjects  of  his  Majesty,  are  reduced.  I  have 
not  been  able  to  return  them  any  satisfactory  answer,  and 
they  have  had  too  much  reason  to  think  that  their  inter- 
ests were  neglected.  Many  among  them  have  taken  the 
resolution  to  send  over  here  Mr.  Le  Roy  de  Chaumont, 
with  their  powers  of  Attorney.  I  have  the  honor  to 
address  to  you  a  memorial  which  he  delivered  to  me,  in 
which  they  set  forth  their  demands,  and  the  infinite 
damage  which  the  non-payment  of  their  debts  occasions. 
I  beg  of  you  to  submit  it  to  the  inspection  of  Congress, 
and  to  remind  this  Assembly  that  my  preceding  steps 
have  been  taken  by  order  of  his  Majesty,  and  that  this  is 
in  consequence  thereof.  My  first  representations,  dated 
in  the  month  of  November  last,  have  been  frequently 
repeated  since.  The  Chevalier  de  la  Luzerne,  had  made 
similar  representations  before,  in  the  year  1783.  Repre- 


DIPLOMATIC  CORRESPONDENCE.  205 

sent,  I  beseech  you,  sir,  to  Congress,  that  by  taking  a 
resolution  on  such  important  points  to  so  many  families, 
they  will  prevent  the  complete  ruin  of  many  among  them. 
They  will  save,  moreover,  to  many  of  their  French  credi- 
tors, the  expenses  of  a  voyage  which  they  purpose 
making  to  America,  and  the  inconveniences  of  a  derange- 
ment from  which  their  affairs  cannot  but  considerably 
suffer.  Finally,  they  will  avoid  the  painful  sight  of  a 
number  of  French  subjects  soliciting,  themselves,  their 
justice,  and  showing  to  independent  America,  her  first 
friends  ruined  by  refusals,  in  consequence  of  the  con- 
fidence which  they  placed  in  her  in  the  time  of  her  great- 
est distress.  You  will  be,  sir,  with  pleasure,  the  instru- 
ment of  so  just  a  demand,  and  I  will  never  cease  assuring 
the  creditors  of  the  United  States,  that  they  may  place 
the  fullest  confidence  in  the  justice  of  Congress  and  their 
respect  for  their  engagements. 

I  am,  Sir,  &c. 

DE  MARBOIS. 


MEMORIAL  OF  LE  ROY  DE  CHAUMONT. 

Translation. 

The  memorial  and  petition  of  James  D.  Le  Roy  de 
Chaumont,  jr.  Esq.  in  the  name  and  behalf  of  the 
French  traders,  who  have  been  adventurers  to  the 
United  States  of  America. 

The  French  traders  who  have  had  dealings  with  the 
United  States  of  America,  and  even  lent  sums  to  Con- 
gress, desire  to  implore  its  justice  for  the  acquittal  of 
the  most  formal,  solemn  and  explicit  promise,  for  the 


206         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

discharge  of  which  the  States  in  Union  have  pledged 
their  faith,  not  only  in  a  collective  capacity,  but  also,  as 
individuals,  and  with  a  joint  consent,  engaged  to  one 
another,  their  "lives,  their  fortunes,  and  their  sacred 
honors." 

Happily  for  them,  the  honorable  Congress  have  them- 
selves, in  a  solemn,  authentic  and  irrevocable  manner, 
pronounced  in  favor  of  the  French  traders,  and  made 
impracticable  the  injustice  which  the  enemies  to  their 
glory  endeavor  to  make  us  fear. 

The  point  in  contest  has  a  reference  to  the  manner  in 
which  the  paper  money  of  the  United  States,  owed  to 
his  most  Christian  Majesty's  subjects,  shall  be  paid. 

This  paper  money  may  be  considered  relatively;  to 
two  different  epochs;  that  of  its  creation,  and  that  of 
the  thirteenth  of  September,  1779,  when  a  solemn  de- 
liberation of  Congress  was  issued,  on  which  they  ground 
their  claim. 

At  the  creation  of  this  paper,  its  nominal  was  its 
real  value ;  when  the  honorable  Congress  circulated  a 
stamped  money  to  the  amount  of  a  hundred  Spanish 
dollars,  it  is  incontestible,  that  this  paper  represented  a 
hundred  dollars ;  that  it  acquitted  Congress  of  a  hundred 
dollars,  with  the  person  who  received  it. 

The  multiplied  wants  of  Congress,  and  the  scarcity  of 
money  in  numerary  specie,  having  much  increased  the 
quantity  of  this  paper,  its  value  fell  in  proportion.  Sus- 
picions and  insinuations,  dexterously  propagated,  intimi- 
dated the  people  and  gave  them  room  to  fear  its  being 
fully  acquitted  at  last.  These  fears  became  more  and 
more  prevalent.  They  themselves,  for  whose  preserva- 
tion it  had  been  emitted,  refused  to  take  it  at  its  nominal 
value,  which  brought  Congress  into  a  sad  dilemma. 


DIPLOMATIC  CORRESPONDENCE.  207 

They  must  either  let  these  fears  subsist  by  their 
silence,  and  then  the  depreciation  gradually  increasing,  no 
one  would  have  received  it  under  any  value  whatever  ; 
the  natural  consequence  of  which  would  have  brought 
them  again  under  the  tyrannical  yoke,  which  they  were 
endeavoring  to  break ;  or  else  ensure,  by  a  striking  and 
solemn  act,  the  full  payment  of  this  paper  money,  not- 
withstanding the  visible  losses  they  had  sustained,  by 
which  step  they  resume  their  importance,  give  fresh 
proofs  of  fortitude,  enable  themselves  to  procure  arms 
and  ammunition,  and  by  their  consent  to  a  voluntary 
loss,  assure  forever  their  liberty  and  victory.  This  latter 
step  was  altogether  the  most  wise  and  most  generous, 
and  similar  to  the  conduct  of  the  Romans,  who  sold  the 
field  on  which  Hannibal  was  encamped,  as  high  as  if  the 
enemy  had  been  dislodged  from  it. 

This  latter  determination  was  the  part  Congress  took 
in  their  unanimous  resolution  at  the  remarkable  epoch  of 
the  13th  September,  1779,  notified  in  the  form  of  a  cir- 
cular letter,  not  only  to  America  or  to  France,  but  to  the 
whole  world. 

This  letter  seems  to  have  been  framed  with  a  design 
of  interdicting  Congress  or  any  of  its  members  from  ever 
admitting  the  least  thought  of  retracting  so  sacred  an 
engagement,  so  strongly  every  line  and  sentence  thereof 
are  calculated  to  guard  against  the  least  infringement  of 
the  same. 

In  this  letter  Congress  begin  with  laying  out  to  the 
eyes  of  the  public,  the  facilities  of  the  United  States, 
enabling  them  to  pay  this  national  debt  by  cancelling 
this  paper  money ;  the  totality  of  the  national  debt  (as  it 
is  supposed  in  this  letter,)  ought  to  amount  at  the  end  of 
the  war  to  300,000,000  dollars. 


208         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

"  There  are  at  present,  3,000,000  of  inhabitants  in  the 
"  thirteen  States ;  three  hundred  millions  of  dollars  divided 
"  among  three  millions  of  people,  would  give  to  each  per- 
"  son  one  hundred  dollars,  and  is  there  an  individual  in 
"  America,  unable  in  the  course  of  eighteen  or  twenty 
"  years,  to  pay  it  again  ?  Suppose  the  whole  debt  assess- 
"  ed  as  it  ought  to  be  on  the  inhabitants,  in  proportion  to 
"  their  respective  estates,  what  would  then  be  the  share  of 
"  the  poorer?  perhaps,  not  ten  dollars. " 

After  having  thus  held  to  the  public  view,  the  solidity 
of  the  means  of  payment  they  had  in  their  power,  this 
circular  letter  displays  their  desire  of  acquitting  the  debt, 
and  confirms  this  desire  by  three  convincing  arguments. 
The  first  of  which  is, 

Whether  and  in  what  manner  the  faith  of  the  United 
States  has  been  pledged  for  the  redemption  of  their  bills. 

The  Second,  Whether  they  have  put  themselves  in  a 
political  capacity  to  redeem  them  :  and 

Thirdly,  Whether,  admitting  the  two  former  proposi- 
tions, there  is  any  reason  to  apprehend  a  wanton  violation 
of  the  public  faith. 

It  is  particularly  on  this  last  point,  that  the  circular 
letter  insists  with  the  greatest  power  of  persuasion,  be- 
coming to  truly  free  and  glorious  souls. 

After  having  reminded  that  the  United  States,  in  order 
to  make  themselves  free  and  independent,  had  recipro- 
cally, bound  themselves  to  one  another  with  their  lives, 
fortunes  and  honor,  Congress  exclaims  that  "it  is  with 
"  grief  and  reluctance,  that  they  can  prevail  upon  them- 
"  selves  to  take  the  least  notice  of  a  question,  which  in- 
"  volves  in  it  a  doubt  so  injurious  to  the  honor  and  dignity 
"  of  America. 


DIPLOMATIC  CORRESPONDENCE.  2Q9 

"  A  bankrupt,  faithless  republic,  would  be  a  novelty  in 
"  the  political  world,  and  appears  among  reputable 
"  nations,  like  a  common  prostitute  among  chaste  and 
"  respectable  matrons.  The  pride  of  America  revolts 
"  from  the  idea:  her  citizens  know  for  what  purpose 
"  these  emissions  were  made,  and  have  repeatedly 
"  plighted  their  faith  for  the  redemption  of  them. 

"  We  are  convinced  that  the  efforts  of  our  enemies 
"  will  not  be  wanting  to  draw  us  into  this  humiliating  and 
"  contemptible  situation  ;  impelled  by  malice  and  the 
"  suggestion  of  chagrin  and  disappointment,  at  not  being 
"  able  to  bend  our  necks  to  their  yoke,  they  will  endeavor 
"  to  force  or  seduce  us  to  commit  this  unpardonable  sin, 
"  in  order  to  subject  us  to  the  punishment  due  to  it,  and 
"  that  we  may  thenceforth  be  a  reproach  and  a  bye-word 
"  among  the  nations.  Apprized  of  these  consequences, 
"  knowing  the  value  of  national  character,  and  impressed 
"  with  a  due  sense  of  the  immutable  laws  of  justice  and 
"  honor,  it  is  impossible  that  America  should  think  with- 
"  out  horror  of  such  an  execrable  deed. 

"  Let  it  never  (says  the  Congress,  at  the  end  of  this 
"  unanimous  letter)  be  said,  that  America  had  no  sooner 
"  become  independent,  than  she  became  insolvent,  or  that 
"  her  infant  glories,  and  growing  fame,  were  obscured 
"  and  tarnished  by  broken  contracts  and  violated  faith  in 
"  the  very  hour  when  all  the  nations  of  the  earth  were 
"  admiring,  and  almost  adoring,  the  splendor  of  her 
"  rising. 

Such  are  the  terms  by  which  Congress  has  ensured  to 
the  world  in  general,  the  payment  of  their  bills  of  credit, 
or  ratified  it.  Since  this  circular  letter  is  but  a  recapitu- 
lation of  the  solemn  engagement  entered  upon  on  this 
VOL.  i.— 27 


210         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

matter,  at  the  time  of  its  original  rise,  and  at  several 
other  subsequent  epochs,  so  that,  to  use  the  very  terms 
of  that  letter,  "  whoever  examines  the  force  of  these  and 
"  similar  observations,  must  smile  at  the  ignorance  of  those 
"  who  doubt  the  ability  of  the  United  States  to  redeem 
"  their  bills." 

Notwithstanding  all  this,  Congress  has  been  pleased  to 
give  out  a  resolution,  dated  June  28,  1780,  with  a  tariff 
of  depreciation  and  reduction  of  their  paper  currency,  in 
which  they  fix  four  epochs  of  gradual  depreciation,  by 
which  this  paper  is  so  excessively  reduced,  that,  for 
instance  the  1st  of  September,  1779,  that  is  to  say,  at 
the  very  period  when  Congress  so  solemnly  ensured  the 
payment  of  it,  eighteen  paper  dollars  at  this  time  were 
reduced  to  one  Spanish  milled  dollar,  which  makes  the 
creditor  liable  to  lose  seventeen  times  the  real  value  of 
his  own  property. 

Had  the  stroke  of  this  immense  reduction  fallen  on  the 
citizens  of  the  United  States  only,  the  French  traders 
would  have  had  no  room  to  complain,  because,  upon  the 
whole,  this  would  have  proved  but  an  internal  and 
economical  arrangement,  by  virtue  of  which,  all  the 
American  debtors,  united  and  represented  by  their  own 
deputies,  would  accelerate  their  liberation  by  a  sudden 
diminution  of  their  enormous  debt ;  and  even  then,  the 
French  traders  would  have  to  complain  about  it,  if  such 
reduction  should  incapacitate  the  American  private  pro- 
prietor, to  pay  those  they  had  traded  with. 

And  the  French  nation  maintains  that  this  reduction 
cannot,  with  the  least  shadow  of  justice,  fall  upon  them  ; 
that  with  respect  to  them,  "-it  would  be  against  the 
"  immutable  laws  of  justice  and  honor,  that  it  would  "be 
' ' 


DIPLOMATIC  CORRESPONDENCE.  21 J 

"  against  the  faith  and  interest  of  all  America,  to  be  ever 
"  prevailed  to  support  or  countenance  or  permit  so 
•'  ruinous  a  measure ;  and  that  it  would  be  impossible  that 
"  America  should  think  without  horror  of  such  an  exe- 
"  crable  deed." 

We  need  not  recur  to  the  qualifications  Congress  has 
previously  given  to  such  an  operation,  in  order  to  defeat 
and  make  the  same  void.  Plain  reflections,  arising  from 
facts  known  to  the  whole  world,  will  sufficiently  demon- 
strate the  horrible  injustice  that  would  ensue  from  it. 

One  or  the  other  of  the  two  following  suppositions 
must  be  admitted,  viz :  either  we  must  suppose  that 
Congress,  at  the  time  they  were  giving  to  the  world  the 
solemn  and  satisfactory  assurance  held  out  in  their  circu- 
lar letter  of  the  13th  September,  1779,  entertained  a 
secret  intention  one  day  to  break  it ;  or  else  admit  that 
they  gave  it  out  bona  fide. 

The  first  of  these  suppositions  is  inadmissible,  there 
would  be  an  end  to  all  human  societies  in  the  world, 
mankind  would  be  degraded  below  the  beasts  of  prey,  if 
it  was  possible  to  suppose  a  convention  of  fifty  public 
men,  picked  out  from  the  most  illustrious  and  most  vir- 
tuous characters  among  thirteen  United  States,  unani- 
mously attesting  to  the  world  in  general,  in  terms  expres- 
sive of  the  most  intended  faithfulness,  that  they  are 
entering  into  the  most  solemn  engagement,  which  they 
mean  to  fulfil  at  the  peril  of  their  fortunes  and  lives,  yet 
in  the  same  time  unanimously  plot  the  most  abominable 
project  to  baffle  the  world.  So  hateful  and  monstrous  a 
project  cannot  be  supposed,  without  casting  an  odious 
slander  on  the  human  nature  in  its  generality.  There- 
fore, it  must  be  admitted  as  an  incontestible  truth  that 


212         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

Congress,  unanimously  contracting  their  joint  engagement 
of  the  13th  September,  1779,  for  the  realization  and 
integral  payment  of  their  paper  currency,  do  it  with  a 
serious  and  real  intention  honestly  to  fulfil  the  same. 
They  were  not  ignorant,  at  this  epoch,  of  the  enormous 
losses  they  were  involved  in  by  the  depreciation  of  this 
paper.  Nevertheless,  this  very  day  they  were  freely 
delivered,  clear  from  any  deduction,  constraint  or  fraud ; 
no  investigation  or  allurements  biased  or  influenced  their 
judgment ;  but  with  an  even  and  impartial  hand,  they 
balanced  the  threatening  danger  of  falling  into  an  inex- 
tricable slavery  in  consequence  of  the  total  discredit  of 
their  paper,  with  the  necessity  of  supporting  its  credit. 
By  overlooking  its  depreciation,  the  Americans  remain 
defenceless,  exposed  to  the  continual  attacks  of  a  formi- 
dable enemy  ;  on  the  other  hand  to  submit  to  an  enor- 
mous pecuniary  loss  is  an  intolerable  inconveniency ; 
yet  they,  with  a  full  knowledge  of  the  consequence, 
preferred  the  latter. 

Now  let  any  man  point  out  among  the  nations,  a  code, 
wherein  you  may  read  that  a  people  that  has  entered  into 
a  solemn  contract  with  foreign  nations,  by  representa- 
tives of  their  own  choice,  invested  with  the  political 
capacity  of  binding  their  constituents,  still  retain  the 
right  and  liberty  of  retroceding  from  the  contract,  and 
exempting  themselves  from  the  execution  of  the  same. 

We  might  stop  here,  where  the  cause  appears  decided, 
yet  let  us  proceed  to  prove  the  justice  and  validity  of 
the  engagement  under  consideration ;  it  may  be  pro- 
nounced just,  because  the  depreciation  of  the  paper 
currency  is  become,  in  fact,  a  contract,  denominated  in 
the  laws  of  nations  a  gross  advettture  contract,  admitted 
as  lawful  among  all  nations. 


DIPLOMATIC  CORRESPONDENCE.  113 

It  is  just  also,  because  the  paper  under  consideration, 
lodged  in  the  hands  of  the  French  traders,  ought  to  be 
considered,  not  in  an  abstractive,  but  in  a  collective  view, 
as  an  aggregate.  It  is  likewise  so,  because  its  actual 
depreciation,  existing  at  the  very  time  that  Congress  was 
assuring  the  public  of  the  integral  payment  thereof,  has 
been  the  salvation  of  America. 

Finally,  it  is  so  with  respect  to  the  French  traders, 
because,  by  two  essential  reasons  of  incontestible  diffe- 
rence, they  cannot  be  made  even  with  the  Americans. 
Let  us  briefly  unfold  this  truth. 

First,  let  us  define  what  is  meant  by  a  gross  adventure 
contract.  It  is  a  contract,  wherein  the  peril  of  the  real 
capital  justifies  and  legitimates  the  magnitude  of  the 
interest,  however  excessive  they  may  appear. 

All  jurisconsults  and  civilians  agree  that  it  is  not  pos- 
sible to  determine  a  stated  rate  of  interest,  on  a  sum  given 
out  by  a  gross  adventare  contract,  and  maintain  that  the 
interest  thereof  is  and  ought  to  be,  in  proportion  to  the 
peril  the  adventurer  in  gross  adventure  perceives,  and 
right  or  wrong  foresees  his  capital  may  be  liable  to. 

Now,  laying  aside  all  prejudices,  notwithstanding  the 
encouraging  assurances  exhibited  in  Congress'  ckcular 
letter  of  the  13th  September,  1779 ;  Notwithstanding  the 
confidence  Congress  has  always  successfully  expressed  in 
their  decrees  and  proclamations,  if  all  assistance  from 
Europe  had  failed  to  the  Americans  before  or  at  the  13th 
September,  1779,  to  June  1780,  (and  it  would  have  cer- 
tainly failed,  had  Europe  been  capable  to  think  that  Con- 
gress expected  that  no  more  than  the  eighteenth  and  the 
fortieth  part  of  that  currency  would  be  realized,)  was  it 
not  infinitely  probable  that  they  would  have  fallen  under 


214         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

the  yoke  of  their  oppressors,  notwithstanding  the  dint  of 
a  respectable  fortitude,  but  impotent,   when  destitute  of 
arms,  ammunition,  or  any  other  resistance  whatever,  to 
oppose  a  powerful  nation,  exasperated  and  unrelenting, 
hiring  warriors  from  other  nations   at  the  highest  rate. 
Had  this  been  the  unhappy  fate  of  the  Americans,  what 
then  would  have  become  of  the  paper  money?     It  would 
have  been  absolutely  lost  to  French  creditors  in  whose 
hands  it  remained,  and  the  first  step  of  England,  repos- 
sessed of  the  people  she  highly  stigmatized  with  the  op- 
probious  name  of  rebels,  and  which  the  event,  supreme 
judge  of  these  grand  questions  decides,  would  have  been 
to  declare  by  a  decree,   the  emission  of  such  a  paper,  a 
glaring  act  of  rebellion  and  felony.     The  French  nation, 
then,  in  furnishing  the  Americans  with  provisions,  warlike 
stores  of  all  kinds,  with  cloths  and  stuffs  for  the  clothing 
of  the  troops  and  money,  and  yet  receiving  in  payment 
for  these  but  an  insignificant  paper,*  have  then  really  laid 
out  their  property  at  the  gross  adventure,  on  the  uncer- 
tain  independency  of  America,  and  consequently,  the 
integral  payment  is  justly  due  to  them  for  all  the  paper 
money   they  are  possessed  of.     Moreover,  the  French 
traders  were  gainers  on  some  articles  and  losers  on  some 
others ;  one  operation  was  advantageous,  the  other  inju- 
rious ;  and  they  were  obliged  to  sell  their  cargoes  at  a 
great  loss  by  unforeseen  occurrences ;  so  that  the  true 
manner  of  arguing  with  a  French  trader,  would  be  to 
tell  him,  you  have  transacted  twenty  or  thirty  affairs  with 
America  during  the  course  of  the  war,  you  have  been 
gainer  in  some,  and  loser  in  others,  sum  up  the  whole, 
what  profit  would  you  really  have  made,  or  could  you 
reasonably  have  expected  to  make,  had  you  traded  with 


DIPLOMATIC  CORRESPONDENCE.  215 

us  for  silver,  and  not  for  paper?  And  then  it  will  appear, 
from  this  proposal,  that  this  would  lead  into  endless  and 
impracticable  liquidations. 

Moreover,  the  integral  payment  of  the  paper  currency 
is  just  and  equitable,  because  its  depreciation,  at  the  time 
that  Congress  assured  the  integral  payment  thereof,  has 
been  the  salvation  of  America.  Far  be  from  us  any 
idea  merely  bright  and  paradoxical ;  in  speaking  on  so 
great  concerns  nothing  but  solid  and  palpable  truth  should 
be  advanced ;  the  last  proposed  is  of  this  number. 

Had  America  paid  in  solid  silver,  for  our  imported  car- 
goes, at  the  very  instant  we  are  writing  this,  she  would  be 
under  the  yoke.  What  French  traders  would  have 
undertaken,  either  to  pay  insurances  at  75  per  cent,  or 
run  the  inevitable  risk  of  enormous  losses,  had  he  not 
expected  to  be  indemnified  from  these,  at  the  end  of  the 
contest,  with  respect  to  the  difference  between  the  nomi- 
nal value  of  the  paper  money,  and  the  real  value  thereof. 
Supposing  the  American  people  had  been  furnished  with 
ready  cash,  could  they  have  been  prevailed  upon  to  sub- 
mit to  the  great  sacrifices  naturally  arising  from  the  actual 
and  rapid  depreciation  of  the  paper  currency  ;  sacrifices, 
however,  indispensable  to  draw  the  affluence  of  Europe 
in  the  midst  of  greatest  dangers,  and  bring  all  the  assist- 
ance of  warlike  and  victualling  supplies  requisite  to  en- 
courage a  vigorous  defence;  but  the  French  trader  was 
arguing  with  himself  after  this  manner  : — It  is  true,  I 
send  out  an  immense  export,  I  expose  my  fortune  to  the 
greatest  dangers,  but  by  the  nature  of  the  payment  I 
shall  receive  in  America,  I  shall  make  six  times,  perhaps 
ten  times  the  amount  of  my  cargo ;  so,  out  of  ten  ex- 
portations,  let  one  succeed,  I  am  clear  of  loss,  and  I  shall 


216         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

have  assisted  in  the  cause  of  liberty.  In  this  point  of 
view  it  may  be  said,  that  the  very  insolvability  of 
America  has  proved  her  strength  and  safety,  and  having 
but  a  very  limited  metallic  currency,  which  soon  was 
expended,  at  the  very  beginning  of  her  struggles,  had 
she  held  up  her  paper  Currency  to  the  strict  amount  of 
its  nominal  value,  Europe,  uncertain  on  the  final  payment 
thereof,  (payment  absolutely  dependent  on  the  great  event 
either  of  victory  or  defeat,)  could  not,  consistently  with 
common  sense,  have  sent  into  America  cargoes,  in  which 
the  danger  of  a  considerable  loss  could  not  have  been 
compensated  by  the  possibility  of  a  great  gain. 

We  should  willingly  leave  it  to  the  justice  and  wisdom 
of  Congress  to  weigh  this  argument.  In  good  earnest 
when,  notwithstanding  the  fortitude  and  skilful  manoeu- 
vres of  the  immortal  Washington,  the  cause  of  liberty 
received  repeated  checks ;  when  the  perfidious  Arnold 
was  selling  his  country  to  her  oppressors  ;  when  Vaughan 
was  reducing  the  town  of  Esopus  to  ashes,  and  putting 
all  to  sword  and  fire;  when  the  wily  savages,  bought 
by  England,  burnt  and  devastated  the  frontiers;  when 
Charleston,  New  York,  Boston,  and  Philadelphia  itself, 
successively  fell  under  the  British  power ;  when  Con- 
gress was  obliged  to  move  from  place  to  place,  to  get  an 
asylum ;  could  it,  consistently  with  reason,  be  presumed 
that  10,000  dollars  in  paper  money  would  be  received  by 
a  French  trader,  on  the  same  footing  with  10,000  real 
dollars  in  solid  silver  ?  Had  Congress  let  but  a  glimpse  of 
this  thought  arise  in  the  minds  of  the  people,  it  would  in- 
stantly have  cut  off  all  assistance  from  Europe,  of  all 
private  adventurers,  and  war,  issuing  into  a  worse  slavery 
than  before,  would  have  been  of  a  short  course ;  thus, 


DIPLOMATIC  CORRESPONDENCE.  2J7 

does  it  plainly  appear  that  America  is  as  much  indebt- 
ed to  the  gradual  depreciation  of  her  paper,  as  to  her 
valor  and  the  success  o'f  her  arms,  for  the  glorious  liberty 
she  now  enjoys. 

Finally,  the  integral  payment  of  the  paper  currency  is 
an  act  of  justice  with  respect  to  the  French  traders, 
because  the  French  and  Americans  cannot  equitably  be 
viewed  under  one  and  the  same  predicament.  This  posi- 
tion is  demonstrable  by  four  incontestible  arguments, 
which  I  shall  here  unfold. 

1st.  The  Americans,  as  a  balance  to  this  reduction, 
have  acquired  a  value  which  cannot  be  appreciated — 
their  liberty. 

2dly.  The  Americans,  formerly,  were  in  their  indivi- 
dual capacity  creditors ;  but  in  a  collective  capacity,  and 
as  a  people,  they  were  debtors:  they  lie  under  a  bounden 
obligation  of  acquitting  this  paper,  as  a  people.  Now, 
for  a  part  of  this  money  remaining  in  their  hands,  they 
acquit  it  collectively,  by  way  of  the  reduction  approved 
by  Congress.  Where  lies  the  difference  between  acquit- 
ting the  said  paper  by  reduction,  or  by  a  successive 
imposition  of  taxes  intended  for  the  discharge  thereof? 
By  the  first,  they  save  the  heavy  expenses  and  the  inevi- 
table intricacies  attending  the  imposition  and  collection  of 
public  taxes. 

3dly.  The  American,  placed  on  the  very  stage  where 
these  eventual  and  changeable  scenes  took  their  rise, 
ocular  witness  of  the  daily  depreciation  which  he  himself 
caused,  either  by  the  refusal  of  this  currency,  or  (which 
amounts  to  the  same)  by  enhancing  the  prices  of  his  own 
produce,  or  other  articles  he  had  to  sell,  made  continual 
gains,  which  enabled  him  one  day  to  support  the  taxes 
necessary  for  the  acquitment  of  his  paper.  The  French 
VOL,  j.— 28 


218         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

trader,  on  the  contrary,  who  sent  out  his  vessel  and  car- 
goes, ignorant  at  the  time  of  their  landing  and  departure, 
as  well  as  at  the  period  of  their  arrival,  what  would  be 
the  actual  value  of  the  American  paper,  was,  in  fact, 
sending  his  property  to  a  lottery,  where  he  eventually 
might  either  lose  or  gain  ;  as  it  was  very  possible  that  by 
a  series  of  successes  the  paper  should  stand  at  the  mo- 
ment he  was  selling  out  his  cargoes  ;  and  vice  versa,  that 
at  the  time  he  was  paying  or  buying  the  return  of  his 
cargoes,  a  chain  of  unfortunate  events  should  make  the 
same  paper  fall. 

4thly.  The  American,  though  he  had  in  his  hands  a 
depreciated  money,  nevertheless,  his  paper  was  a  current 
money,  and  he  was  daily  laying  out  the  same  to  carry  on 
his  business  and  commercial  operations;  what  he  was 
losing  on  this  money  he  could  retrieve,  and  even  increase 
by  trade :  but  what  use  could  the  French  traders  put  this 
money  to,  in  Europe,  where  it  had  no  currency  at  all? 
consequently,  it  remained  dead  or  dormant  in  their 
pocket  books  for  whole  years. 

These  differences  of  situation  between  the  French  and 
the  Americans  are  so  striking  as  to  make  their  overlook- 
ing it  a  matter  of  wonder. 

There  is  a  peculiar  class  of  French  traders  who  de- 
serve all  possible  regards,  and  I  dare  say  the  gratitude  of 
Congress,  I  mean  those  who  have  lent  to  Congress  the 
paper  currency  they  were  in  possession  of;  for,  if  Con- 
gress themselves  own,  in  their  circular  letter  of  the  13th 
September,  1779,  that  the  discredit  of  this  paper  raised 
from  the  multiplication  of  the  same,  from  the  instant 
wherein  the  sum  in  circulation  exceeded  the  sum  requisite 
as  a  medium  of  commerce,  it  hereby  appears  that  if  the 
French  traders  have  lent  to  Congress  the  tenth  part  of 


DIPLOMATIC  CORRESPONDENCE.  219 

the  paper  currency  of  their  own  emission,  they  saved 
them  the  trouble  of  increasing  the  same,  to  a  tenth  above 
their  first  emission.  The  French,  therefore,  have  thus 
diminished  that  very  depreciation,  to  which  they  are  at 
this  day  threatened  to  be  made  liable. 

Are  these  the  men  to  whom  Congress  would  refuse 
payment  ?  Let  them  consider  the  generous  manner  in 
which  France  has  acted  after  the  cession  of  Canada,  with 
respect  to  the  Canadian  paper  currency,  which  was  in  the 
hands  of  British  proprietors.  This  instance  may,  with 
great  propriety,  be  offered  to  them  as  an  example  worthy 
of  imitation.  France,  at  that  period,  was  certainly  bound 
by  no  ties  of  gratitude  to  the  British  nation,  and  its  indi- 
viduals, bearers  of  her  Canadian  paper  currency.  France 
had  no  friendly  connexions  then  with  such  Britons  as 
Congress  now  sustain  with  the  French  traders,  by  a  sol- 
emn and  unavoidable  contract.  France  was  not  ignorant 
that  a  large  quantity  of  her  Canadian  currency  was  in  the 
hands  of  the  English,  by  virtue  of  operations  which  could 
not  have  past  a  strict  scrutiny.  France  overlooks  this,  to 
square  her  conduct  to  the  great  principles  of  the  laws  of 
nations,  by  which  nations  are  reciprocally  bound;  and 
she  paid,  without  taking  advantage  of  any  reduction  or 
deduction.  How,  then,  could  Congress  avoid  to  tread  in 
the  same  steps,  when  a  fundamental  principle  of  the  laws 
of  nations  joins  its  sacred  contract,  and  the  declaration, 
by  them  expressly  proclaimed,  which  will  ever  stand 
against  them,  "  Knowing  the  value  of  national  charac- 
"  ter,  and  impressed  with  a  due  sense  of  the  immu- 
"  table  laws  of  justice  and  honor,  it  is  impossible  that 
"  America  should  think  without  horror  of  such  an  execra- 
"  ble  deed." 


220         JOHN  JAY— SEC.   FOR  FOREIGN  AFFAIRS. 


FROM  JOHN  JAY  TO  MONSIEUR  DE  MARBOIS. 

ireign  Affair! 
June  27,  1785 


Office  for  Foreign  Affairs,      ~) 


Sir, 

It  was  not  until  the  day  before  yesterday  that  I  receiv- 
ed the  letter  you  did  me  the  honor  to  write  on  the  14th 
instant,  enclosing  a  memorial  of  M.  De  Chaumont.  I 
shall  immediately  communicate  both  to  Congress,  and, 
without  delay,  inforjj*  you  of  whatever  resolution  they 
may  come  to  on  the  subject. 

I  have  the  honor  to  be,  &c, 

JOHN  JAY. 


FROM  MONSIEUR  DE    MARBOIS  TO  JOHN  JAY. 

Translation. 

New  York,  July  1,  1785. 
Sir, 

There  was  concluded,  the  25th  February,  1783,  a 
contract  between  the  King  and  the  United  States.  Ac- 
cording to  the  terms  of  this  contract,  negotiated  a  little 
time  after  the  Peace,  his  Majesty  had  lent  to  Congress  the 
sum  of  six  millions,  and  he  has  made  a  release  to  the 
United  States  of  the  interest  of  part  of  the  year  1783. 
But  you  will  see,  sir,  by  the  4th  article,  that  the  interest 
agreed  upon,  commenced  the  beginning  of  the  year  1784, 
and  that  the  first  payment  ought  to  have  been  made  at 
the  commencement  of  this.  I  beg  you  will  be  pleased 
to  lay  this  contract  before  Congress. 

I  am,  &,c. 

DE   MARBOIS. 


DIPLOMATIC  CORRESPONDENCE.  221 


LOAN  CONTRACT. 

The  United  States  in  Congress  assembled, 
.To  all  who  shall  see  these  presents,  send  greeting : 
Whereas,  Benjamin  Franklin,  our  Minister  Plenipoten- 
tiary at  the  Court  of  Versailles,  in  pursuance  of  the 
powers  in  him  vested,  did,  on  the  25th  day  of  February,  in 
the  year  1783,  with  Charles  Gravier  de  Vergennes,  &c. 
Counsellor  of  the  King  in  all  his  Councils,  Commander 
of  his  Orders,  Minister  and^Secretary  of  State,  &c.  vest- 
ed with  full  powers  of  his  most  Christian  Majesty  for  the 
purpose,  enter  into,  conclude  and  sign,  a  contract  between 
his  most  Christian  Majesty  and  the  United  States  of 
North  America,  in  the  words  following,  viz : 

Contract  between  the  King  and  the    Thirteen    United 

States  of  North  America. 

The  re-established  peace  between  the  belligerent  pow- 
ers the  advantages  of  a  free  commerce  to  all  parts  of  the 
globe,  and  the  independence  of  the  thirteen  United 
States  of  North  America,  acknowledged  and  founded  on 
a  solid  and  honorable  basis,  rendered  it  probable  that  the 
said  States  would  be  in  a  condition  to  provide  hereafter 
for  their  necessities,  by  means  of  the  resources  within 
themselves,  without  being  compelled  to  implore  the  con- 
tinuation of  the  succors  which  the  King  has  so  liberal- 
ly granted  during  the  war:  But  the  Minister  Plenipoten- 
tiary of  the  said  United  States,  to  his  Majesty,  having 
represented  to  him  the  exhausted  state  to  which  they 
have  been  reduced,  by  a  long  and  disastrous  war,  his 
Majesty  has  condescended  to  take  into  consideration  the 
request  made  by  the  aforesaid  Minister,  in  the  name  of 


222         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

the  Congress  of  the  said  States,  for  a  new  advance  of 
money,  to  answer  numerous  purposes  of  urgent  and  indis- 
pensable expenses  in  the  course  of  the  present  year ;  his 
Majesty  has,  in  consequence,  determined,  notwithstand- 
ing the  no  less  pressing  necessities  of  his  own  service,  to 
grant  to  Congress  a  new  pecuniary  assistance,  which  he 
has  fixed  at  the  sum  of  6,000,000  livres  tournois,  under 
the  title  of  loan,  and  under  the  guarantee  of  the  whole 
thirteen  United  States ;  which  the  Minister  of  Congress 
has  declared  his  acceptance  of,  with  the  liveliest  acknow- 
ledgements, in  the  name  of  the  said  States. 

And  as  it  is  necessary  to  the  good  order  of  his  Majesty's 
finances,  and  also  useful  to  the  operations  of  the  finances 
of  the  United  States,  to  assign  periods  for  the  payment  of 
the  6,000,000  livres  in  question,  and  to  regulate  the  con- 
ditions and  terms  of  re-imbursement,  which  should  be 
made  at  his  Majesty's  Royal  Treasury  at  Paris,  after  the 
manner  which  has  been  stipulated  for  the  preceding  ad- 
vances by  a  former  contract  of  the  16th  July,  1782; 

We,  Charles  Gravier  Count  de  Vergennes,  &c.  Coun- 
sellor of  the  King  in  his  Councils,  Commander  of  his  Or- 
ders, Chief  of  the  Royal  Council  of  Finances,  Counsellor 
of  State,  &c.  Minister  and  Secretary  of  State,  and  of  his 
Commands  and  Finances,  invested  with  full  powers  by 
his  Majesty,  given  to  us  for  the  purpose  of  these  pre- 
sents; 

And  we,  Benjamin  Franklin,  Minister  and  Plenipoten- 
tiary of  the  United  States  of  North  America,  likewise 
invested  with  full  powers,  by  the  Congress  of  said  States, 
for  the  same  purpose  of  these  presents,  after  having  com- 
pared and  duly  communicated  to  each  other  our  respec- 
tive powers,  have  agreed  on  the  following  articles : 


DIPLOMATIC  CORRESPONDENCE.  223 

ARTICLE  i.  The  payment  of  the  6,000,000  livres, 
French  money,  abovementioned,  shall  be  made  from  the 
fijnds  of  the  Royal  Treasury,  in  proportions  of  500,000 
livres,  during  each  of  the  twelve  months  of  the  present 
year,  under  the  acknowledgements  of  the  Minister  of  the 
said  United  States,  promising,  in  the  name  of  Congress, 
and  in  behalf  of  the  thirteen  United  States,  to  re-imburse 
and  refund  the  said  6,000,000  livres  in  ready  money,  at 
his  Majesty's  Royal  Treasury,  at  the  house  of  the  Sieur 
Grand,  Banker  at  Paris,  with  interest  at  five  per  centum 
per  annum,  at  periods  hereafter  stipulated  in  the  third 
and  fourth  Articles.  The  advances,  which  his  Majesty 
has  been  pleased  to  allow  to  be  made  on  account  of  the 
6,000,000  in  question,  shall  be  deducted  in  the  payments 
of  the  first  month  of  this  year. 

ARTICLE  n.  For  better  understanding  the  fixing  of 
periods  for  the  re-imbursement  of  the  6,000,000  livres  at 
the  Royal  Treasury,  and  to  prevent  all  ambiguity  on  this 
head,  it  has  been  found  proper  to  recapitulate  here,  the 
amount  of  the  preceding  aids  granted  by  the  King,  to  the 
United  States,  and  to  distinguish  them  according  to  their 
different  classes :  .  The  first  is  composed  of  funds  lent 
successively  by  his  Majesty,  amounting  in  the  whole  to 
to  the  sum  of  18,000,000  livres,  re-imbursable  in  specie, 
at  the  Royal  Treasury,  in  twelve  equal  portions  of 
1,500,000  livres  each,  besides  the  interest,  and  in  twelve 
years,  to  commence  from  the  third  year  after  the  date  of 
the  peace;  the  interest,  beginning  to  reckon  at  the  date  of 
the  peace,  to  be  discharged  annually,  shall  diminish 
in  proportion  to  the  re-imbusement  of  the  capital,  the 
last  payment  of  which  shall  expire  in  the  year  1798. 

The  second  class  comprehends  the  loan  of  5,000,000 
Dutch  florins,  amounting,  by  a  moderate  valuation,  to 


224          JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

10,000,000  livres  tournois,  the  said  loan  made  in  Holland 
in  1781,  for  the  service  of  the  United  States  of  North 
America,  under  the  engagement  of  the  King  to  refund 
the  capital,  with  interest  at  four  per  cent,  per  annum,  at 
the  general  counter  of  the  States  General  of  the  United 
Provinces  of  the  Netherlands,  in  equal  portions,  reckon- 
ing from  the  sixth  year  of  the  date  of  said  loan  ;  and 
under  the  like  engagement  on  the  part  of  the  Minister  of 
Congress,  and  in  behalf  of  the  thirteen  United  States,  to 
re-imburse  the  10,000,000  of  said  loan,  in  ready  money, 
at  the  Royal  Treasury,  with  interest  at  four  per  cent,  per 
annum,  in  ten  equal  portions  of  a  million  each,  and  in  ten 
periods,  from  year  to  year,  the  first  of  which  shall  take 
place  in  the  month  of  November,  1787;  and  the  last  in 
the'same  month,  1796.  The  whole  conformable  to  the 
conditions  expressed  in  the  contract  of  10th  July,  1782. 

In  the  third  class  are  comprehended  the  aids  and  sub- 
sidies furnished  to  the  Congress  of  the  United  States, 
under  the  title  of  gratuitous  assistance  from  the  pure 
generosity  of  the  King,  3,000,000  of  which  were  granted 
before  the  treaty  of  February,  1778,  and  6,000,000  in 
1781 ;  which  aids  and  subsidies  amount  in  the  whole  to 
9,000,000  livres  tournois.  His  Majesty  here  confirms,  in 
case  of  need,  the  gratuitous  gift  to  the  Congress  of  the 
said  thirteen  United  States. 

ARTICLE  HI.  The  new  loan  of  6,000,000  livres 
tournois,  the  subject  of  the  present  contract,  shall  be 
refunded  and  reimbursed,  in  ready  money,  at  his  Majes- 
ty's Royal  Treasury,  in  six  equal  portions  of  1,000,000 
each,  with  interest  at  five  per  cent,  per  annum,  and  in 
six  periods,  the  first  of  which  shall  take  place  in  the 
year  1797,  and  so  on,  from  year  to  year,  until  1802, 
when  the  last  reimbursement  shall  be  completed. 


DIPLOMATIC  CORRESPONDENCE.  225 

ARTICLE  iv.  The  interest  of  five  per  cent,  per  an- 
num, of  the  capital  of  the  6,000,000,  mentioned  in  the 
preceding  article,  shall  begin  to  be  reckoned  from  the 
first  of  January  of  the  year  1784,  and  shall  be  paid  in 
ready  money,  at  his  Majesty's  Royal  Treasury  at  Paris, 
on  the  same  day  of  each  year,  the  first  of  which  shall 
take  place  the  1st  January,  1785,  and  so  on  from  year 
to  year,  until  the  definitive  reimbursement  of  the  capital. 
His  Majesty  being  pleased,  by  a  new  act  of  generosity,  to 
present  and  remit  to  the  thirteen  United  States,  the 
partial  interest  of  the  present  year,  which  the  under- 
written Minister  of  Congress  has  declared  to  accept  with 
acknowledgments  in  the  name  of  the  said  United  States. 

ARTICLE  v.  The  interest  of  the  '  capital  of  the 
6,000,000  shall  diminish,  in  proportion  to  the  reimburse- 
ments, at  the  periods  fixed  in  the  preceding  article; 
Congress  and  the  United  States  reserving,  however,  the 
liberty  of  freeing  themselves  by  anticipated  payments, 
should  the  state  of  their  finances  admit. 

ARTICLE  vi.  The  contracting  parties  will  recipro- 
cally guarantee  the  faithful  observation  of  the  foregoing 
articles,  the  ratifications  of  which  shall  be  exchanged  in 
the  space  of  nine,  months  from  the  date  of  this  present 
contract,  or  sooner  if  possible. 

In  faith  whereof,  we,  the  Ministers  Plenipotentiary  of 
his  Majesty,  and  the  Congress  of  the  thirteen  United 
States  of  North  America,  in  virtue  of  our  respective  full 
powers,  have  signed  the  present  contract,  and  thereunto 
affixed  the  seal  of  our  arms. 

Done  at  Versailles,  the  25th  day  of  February,  1783. 
GRAVIER  DE  VERGENNES. 
B.  FRANKLIN. 
VOL.  i.— 29 


226         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

Now,  know  ye,  that  we,  the  said  United  States  in  Con- 
gress assembled,  impressed  with  a  lively  sense  of  the  as- 
sistance and  affection  manifested  by  his  most  Christian 
Majesty  in  the  above  contract,  have  ratified  and  confirmed, 
and  by  these  presents  do  ratify  and  confirm,  the  said  con- 
tract and  every  article  thereof. 

And  we  do  hereby  empower  our  Minister  Plenipoten- 
tiary at  the  court  of  Versailles,  to  deliver  this  our  ratifi- 
cation, in  exchange  for  the  ratification  of  the  said  con- 
tract on  the  part  of  his  most  Christian  Majesty.  ;*  i<;:,« 

In  testimony  whereof,  we  have  caused  our  seal  to  be 
hereunto  affixed,  witness,  his  Excellency  Elias  Boudinot, 
President,  this  31st  day  of  October,  1783,  and  of  our 
sovereignty  and  independence  the  eighth. 

Attest,  CHARLES  THOMPSON, 

Secretary. 


FROM  JOHN  JAY  TO  MONSIEUR  DE  MARBOIS. 

Office  for  Foreign  Affairs,     ? 
July  2,  1785.  5 

Sir, 

I  have  received  the  letter  which  you  did  me  the  honor 
to  write  yesterday,  together  with  the  paper  mentioned  to 
be  enclosed  with  it. 

Agreeably  to  your  request,  it  shall  be  immediately  laid 
before  Congress,  and  I  shall  take  the  earliest  opportunity 
of  communicating  to  you  whatever  answer  I  may  be 
directed  to  convey  on  the  subject. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY, 


DIPLOMATIC  CORRESPONDENCE.  227 

FROM  MONSIEUR  DE  MARBOIS  TO  JOHN    JAY. 

Translation. 

New  York,  July  18,  1785. 
Sir, 

I  have  the  honor  to  address  to  you,  a  copy  of  a  letter 
of  the  King  to  the  Congress  of  the  United  States. 

I  beg  the  favor  of  you  to  inform  me,  when  and  in  what 
manner  the  letter  should  be  delivered. 
I  am,  &c. 

DE  MARBOIS. 


FROM    JOHN    JAY    TO    MONSIEUR    DE    MARBOIS. 

Office  for  Foreign  Affairs,      / 
July  19,  1785.  5 

Sir, 

In  obedience  to  the  orders  of  Congress,  I  have  the 
honor  of  transmitting  to  you,  herewith  enclosed,  a  copy 
of  a  letter  of  the  4th  of  April  last,  from  Mr.  Read, 
Secretary  in  the  Marine  Department,  on  the  subject  of 
Pierre  Rousille's  memorial,  to  which  it  affords  an  answer, 
which  I  flatter  myself  will  appear  satisfactory,  both  to 
you  and  to  him. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


228         JOHN  JAY— SEC.   FOR  FOREIGN  AFFAIRS. 

FROM    ROBERT    MORRIS    TO    JOHN    JAY. 

Philadelphia,  April  6,  1785. 
Dear  Sir, 

You  will  receive,  herewith  enclosed,  the  translation  of 
the  memorial  of  P.  Rousille,  being  the  same  that  was 
enclosed  in  your  letter  of  the  3rd  ultimo,  and  you  will 
also  receive  herewith,  the  report  of  Mr.  James  Read, 
as  Secretary  to  the  Agent  of  Marine,  he  being  in  posses- 
sion of  the  books  and  papers  of  that  Department.  I 
believe  his  report  to  be  very  proper,  and  upon  any  future 
occasion  he  will  be  ready  to  obey  your  commands.  I 
mention  this  for  the  sake  of  propriety,  not  to  save  myself 
trouble,  because  I  shall  never  think  any  thing  trouble- 
some which  may  enable  me  to  comply  with  any  request 
of  yours. 

I  am,  &c. 

ROBERT  MORRIS. 


FROM  JAMES  READ  TO  ROBERT  MORRIS. 

Marine  Office,  6th  April,  1785. 
Sir, 

I  have  read  with  attention  the  memorial  of  P.  Rousille 
which  was  transmitted  by  his  Excellency,  the  Secretary 
for  Foreign  Affairs,  with  his  letter  to  you  dated  the  30th 
of  last  month,  upon  which  I  beg  leave  to  observe,  that 
the  officers  and  crews  of  the  respective  ships  and  vessels 
of  war,  belonging  to  the  United  States,  had  the  right, 
(and  I  believe  it  was  generally  exercised)  of  choosing  and 
appointing  their  own  agent  or  agents,  to  receive  and  dis- 
tribute the  proportion  of  prize  money  which  should 


DIPLOMATIC  CORRESPONDENCE.  £29 

appertain  to  them,  as  captors,  and  over  which  the  United 
States  did  not  reserve  any  control,  wherefore,  I  presume 
the  memorialist  ought  to  exhibit  his  claims  for  prize 
money  to  the  agent  or  agents  whom  he  concurred  in 
choosing,  or  to  their  legal  representatives  ;  and  from  what 
is  set  forth  in  the  memorial,  I  cannot  hesitate  to  suppose 
that  Captain  Tucker  had  been  chosen  by  his  crew  to  be 
their  agent. 

If  M.  Rousille,  has  any  claim  against  the  Marine 
Department  of  the  United  States,  for  pay  due  to  him 
before  the  1st  of  January,  1782,  it  ought  to  be  exhibited 
to  Joseph  Pennell,  Esq.  the  commissioner  appointed  to 
liquidate,  and  finally  settle,  the  accounts  of  the  Depart- 
ment, up  to  that  time.  I  cannot  discover,  by  any  docu- 
ments now  in  this  office,  that  M.  Rousille  has  been  in 
the  marine  service  subsequent  to  that  period. 
I  have  the  honor,  &c. 

JAMES  READ,  Secretary. 


FROM  MONSIEUR  DE  MARBOIS  TO  JOHN  JAY. 

Translation. 

New  York,  July  19,  1785. 
Sir, 

I  have  received  the  letter  of  this  date,  with  which 
you  honored  me,  and  the  copy  enclosed  of  a  letter  from 
Mr.  James  Read,  in  answer  to  the  memorial  of  Pierre 
Rousille.  I  shall  forward  it  to  this  latter  that  he  may 
produce  the  papers  which  are  required  of  him.  I  am 
much  obliged  to  you,  sir,  for  the  attention  you  have 
bestowed  on  this  subject. 

I  am  with  respect,  &c. 

DE  MARBOIS. 


230         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 


FROM    JOHN    JAY    TO    MONSIEUR   DE    MARBOIS. 

Office  for  Foreign  Affairs,  ? 
July  20,  1785.     5 

Mr.  Jay  presents  his  compliments  to  M.  De  Marbois, 
and  subjoins  an  extract  from  a  letter  which  he  has  this 
moment  received  from  Secretary  Thompson,  viz:  "  the 
design  of  this  is  to  inform  you,  that  there  "has  happened 
a  mistake  in  the  delivery  of  the  letter  from  his  most 
Christian  Majesty.  Your  translation  is  of  a  letter  dated 
10th  May,  1785.  But  the  original,  letter  delivered  to 
the  President,  is  a  duplicate  of  the  letter  of  27th  March, 
informing  Congress  of  the  birth  of  the  Duke  of  Nor- 
mandy." 


FROM  MONSIEUR    DE  MARBOIS  TO  JOHN  JAY. 

Written  in  English. 

July  20,  1785. 

Sir, 

I  have  at  home  the  letter  dated  10th  May,  1785,  at 
least  I  must  suppose  I  have  it,  as  I  received  two  ad- 
dressed to  Congress,  similar  on  the  outside,  excepting 
that  the  words  La  Fayette  have  been  written  with  a  pen- 
cil on  the  letter  which  I  had  the  honor  to  deliver  this 
morning  to  his  Excellency  the  President.  I  shall  bring 
the  other  to-morrow  and  shall  have  the  honor  to  agree 
with  you,  sir,  about  the  manner  of  delivering  it. 
I  have  the  honor  to  be,  &c. 

DE  MARBOIS. 


DIPLOMATIC  CORRESPONDENCE.  231 

FROM  MONSIEUR   DE  MARBOIS  TO  JOHN    JAY. 

Translation. 

New  York,  July  29,  1785. 
Sir, 

The  resolution  of  Congress,  of  which  I  subjoin  a  copy, 
ha$  been  communicated  to  the  heirs  of  the  late  Monsieur 
Du  Coudray.  In  consequence  whereof,  they  have  sent 
me  power  to  conclude  this  affair  with  Congress.  I  beg 
the  favor  of  you  to  put  me  in  capacity  to  inform  them  of 
the  resolutions  of  this  Assembly. 
I  have  the  honor  to  be,  &c. 

DE  MARBOIS. 


FROM  JOHN  JAY  TO  THE  PRESIDENT  OF  CONGRESS. 

Office  for  Foreign  Affairs,     ? 
August  2,  1785.  5 

Sir, 

On  Friday  last,  M.  De  Marbois  called  upon  me,  to 
inquire  whether  Congress  had,  as  yet,  directed  any 
answers  to  be  given  to  his  memorials  under  their  conside- 
ration. In  the  course  of  the  conversation,  he  mentioned 
the  affair'of  Longchamps,  and  informed  me  that  his  court 
would  not  persist  in  their  demand  of  him.  He  proposed 
that  the  paper  containing  that  demand,  together  with 
those  that  accompanied  it,  should  be  returned  to  him,  so 
that  the  matter  might  remain  as  if  no  such  demand  had 
been  made.  If  this  idea  should  be  adopted,  the  proposed 
letter  to  his  most  Christian  Majesty  would  be  unneces- 
sary if  not  improper.  He  expressed  a  wish  that  Con- 


232        JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

gress  would  pass  resolutions  asserting  the  rights  of  Minis- 
ters, &c.  and  recommending  to  the  States  to  pass  laws  to 
punish  violations  of  them  in  an  exemplary  manner.  If 
Congress  should  think  proper  to  pass  such  resolutions,  a 
copy  of  them  might  be  enclosed  to  the  King  of  France, 
in  a  letter  calculated  to  remove  any  uneasiness,  which 
may  remain  in  his  mind  from  the  case  of  Longchamps. 
I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


FROM    JOHN    JAY    TO    MONSIEUR   DE    MARBOIS. 

Office  for  Foreign  Affairs,      ? 
August  9,  1785.      5 

Mr.  Jay  presents  his  compliments  to  M.  De  Marbois, 
and  has  the  honor  of  transmitting  to  him,  herewith  en- 
closed, a  copy  of  an  act  of  Congress  of  the  3rd  inst.  on 
the  subject  of  his  note  respecting  demands  on  the  United 
States,  by  the  heirs  of  certain  French  officers  who  died 
in  the  American  service. 


Extract  from  the  Journal,  August  3,  1785. 
"  On  the  report  of  a  committee,  consisting  of  Mr. 
Grayson,  Mr.  Howell,  and  Mr.  King,  to  whom  was 
referred  a  report  of  the  Paymaster  General  on  a  note 
from  the  Charge  d' Affaires  of  his  most  Christian  Ma- 
jesty, 

Resolved,  That  in  consideration  of  the  peculiar  cir- 
cumstances under  which  Colonel  Radiere,  who  died  in 


DIPLOMATIC  CORRESPONDENCE.  233 

the  service  of  the  United  States  in  the  year  1779,  en- 
tered the  service,  the  Paymaster  General  be,  and  he  is 
hereby  directed  to  extend  to  his  case,  the  benefit  of  the 
resolution  of  April  10th  1780,  relative  to  depreciation. 

Resolved,  That  the  Paymaster  Qeneral  be,  and  he  is 
hereby,  directed  to  settle  with  the  widows  and  orphans  of 
officers,  who  did  not  belong  to  any  of  the  United  States, 
entitled  to  seven  years  half  pay,  under  the  resolution  of 
August  24th,  1780,  and  to  issue  to  them  certificates 
therefor. 

Resolved,  That  existing  resolutions  of  Congress  suffi- 
ciently provide  for  a  just  settlement  of  the  accounts  of 
the  late  Baron  de  Kalb ;  and  that  the  Paymaster  Gene- 
ral be,  and  he  is  hereby,  directed  to  govern  himself 
accordingly." 


FROM  MONSIEUR  DE  MARBOIS  TO  JOHN  JAY. 

Translation. 

Long  Island,  August  10,  1785. 
Sir, 

I  have  received  the  resolution  of  Congress  of  the  7th 
instant,  which  you  did  me  the  honor  to  address  to  me, 
respecting  General  De  Kalb  and  M.  De  la  Radiere. 
They  are  such  as  the  heirs  of  these  officers  could  wish, 
and  I  doubt  not  but  they  will  be  perfectly  satisfied  with 
them. 

I  am,  with  respect,  &c. 

DE  MARBOIS. 

VOL.  i.— 30 


234         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

FROM    MONSIEUR    DE    MARBOIS    TO    JOHN    JAY. 

Translation. 

New  York,  August  20,  1785. 
•  J  *d       Sir, 

There  has  been  presented  to  me  by  several  French 
merchants,  a  memorial,  the  copy  of  which  I  have  the 
honor  to  address  to  you  ;  their  representations  having  for 
an  object  the  preservation  and  the  progress  of  a  com- 
merce reciprocally  useful  to  the  two  nations.  I  beg  that 
you  will  be  pleased  to  present  it  to  Congress,  that  this 
assembly  may  take  it  into  consideration,  and  adopt,  on 
this  occasion,  such  measures  as  they  may  judge  proper,  to 
preserve  the  good  correspondence  between  the  French 
and  American  merchants. 

I  am,  with  respect,  &c. 

DE  MARBOIS. 


Request  presented  by  the  French  Merchants  to  the 
Charge  tf  Affaires  of  the  King. 

Translation. 
To  M.  De  Marbois,  Charge  d' Affaires  for  France. 

Sir, 

The  undersigned,  French  merchants  and  navigators, 
established  in  America,  have  the  honor  of  observing  to 
you,  that  two  laws  have  just  been  published,  one  in  the 
State  of  New  Hampshire,  and  the  other  in  Massachu- 
setts, which  tend  to  destroy  all  commercial  connection 
between  France  and  these  two  States.  The  underwritten 
are  established  on  this  continent,  and  navigate  there  in 


DIPLOMATIC  CORRESPONDENCE.  235 

faith  of  the  treaty  of  commerce,  and  have  never  had 
reason  to  foresee  the  measures,  which  will  bring  on  the 
ruin  of  their  operations. 

These  two  acts  import,  that  reckoning  from  the  1st  of 
August  ensuing,  Piscataqua,  in  New  Hampshire,  and 
Boston,  Falmouth  and  Dartmouth,  in  Massachusetts, 
shall  be  the  only  ports  where  strangers  shall  be  admitted. 
This  exclusion  of  the  other  ports  of  these  two  States,  is 
by  so  much  the  more  hard  for  them,  as  the  Americans 
are  admitted  into  all  the  ports  of  the  Kingdom  without 
exception,  and  that  an  American  vessel  is  received  in 
France  every  where,  where  a  French  vessel  is  admitted. 
There  are  even  four  free  ports  where  they  enjoy  the 
most  entire  liberty,  and  one  of  these  ports  has  been 
especially  opened  for  the  Americans,  and  to  favor  their 
navigation,  they  pay  no  duties  there,  they  can  enter 
and  go  out  at  pleasure.  Their  condition  then  is  very 
different  from  that  of  the  French,  who,  excluded  from 
the  ports  of  the  two  States,  except  four,  are  moreover 
obliged. by  these  two  laws  to  pay  in  these  four  ports 
such  exorbitant  duties,  as  may  be  considered  an  abso- 
lute prohibition  against  entering  and  carrying  on  com- 
merce within  these  two  States. 

Without  doubt  the  intention  of  these  laws  is  to  favor 
the  American  navigation  ;  but  the  legislatures  had  it  not 
in  view  entirely,  to  destroy  the  competition  of  strangers,  V- 
and  this  will,  however,  be  the  effect  of  this  law.  It 
absolutely  shuts  up  the  entrance  of  the  ports  of  the  two 
States  to  all  strangers,  without  distinction ;  and  they  will 
be  obliged  to  seek  elsewhere  the  different  articles  they 
formerly  had  from  here.  The  duties  of  I  per  ton  from 
which  the  subjects  of  the  nation  are  exempt,  and  which 


236    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

are  to  be  received  from  strangers,  added  to  a  double  duty 
on  the  merchandizes  imported,  make  a  charge  which  no 
adventure  can  support.  It  is  such,  that  when  a  cargo 
imported  by  the  subjects  of  the  State  shall  pay  a  duty 
from  £400  to  £500,  the  stranger  pays  from  £1200  to 
£1500.  The  laws  in  question  are  so  much  the  more 
hard,  as  the  Americans  enjoy  very  great  advantages  in 
the  kingdom,  they  are  admitted  into  all  our  ports,  they 
exclude  us  from  the  greater  part  of  theirs,  they  have 
four  free  ports  in  France,  and  so  far  from  opening  free 
ports  to  us,  they  establish  exorbitant  duties. 

The  fifth  article  in  the  treaty  of  commerce  secures  in 
their  favor  an  exemption  from  the  duty  of  100  sols  per 
ton,  and  they  have  imposed  on  the  French  a  duty  of  I 
per  ton,  equivalent  to  6-14  tournois,  independent  of 
other  duties  ;  so  that  a  vessel  of  300  tons  will  pay  at  her 
arrival  20-10,  even  though  she  should  be  in  ballast. 
Commerce  cannot  support  such  charges,  more  especially 
when  they  are  unforeseen,  that  they  disconcert  all  the 
calculations  of  a  shipper,  and  surprised,  as  it  were,  in  a 
defile,  he  must  determine  to  lose  whether  he  sells  his 
cargo  at  the  place  or  transports  it  elsewhere. 

It  does  not  belong  to  us  to  examine  whether  the  treaty 
of  commerce  has  been  violated  by  the  laws  in  question, 
and  we  ought  the  rather  to  abstain  from  this  examination 
as  we  are  persuaded  that  the  legislatures  had  not  this 
intention.  We  beg  you  to  consider,  however,  that  the 
object  of  the  treaty  was  equality  and  reciprocity,  and  that 
our  condition  is  not  equal  to  that  of  the  Americans,  as 
they  are  received  in  all  the  ports  of  the  kingdom,  and 
they  have  just  excluded  us  from  theirs  in  two  States. 

We  beg  also  that  you  will  examine  whether  the  same 


DIPLOMATIC  CORRESPONDENCE.  237 

5th  article  of  the  treaty  of  commerce,  does  not  imply  that 
there  shall  be  no  duties  of  tonnage  established  in  America 
as  long  as  that  of  one  hundred  sols  shall  not  take  place  in 
France  with  respect  to  the  Americans. 

We  have  already  had  occasion  to  make  known  our 
sentiments  with  regard  to  this  law,  and  we  have  been 
answered  that  every  power  has  a  right  to  regulate  its 
commerce ;  that  is  to  say,  that  the  King  can  suppress  the 
free  ports  that  he  has  opened  to  the  Americans,  and 
establish,  in  the  others,  such  high  duties  as  may  amount 
to  a  prohibition.  But  first,  we  are  far  from  desiring  that 
the  Americans  should  be  excluded  from  our  ports ;  on  the 
contrary,  we  wish  that  they  may  enjoy  all  sorts  of  advan- 
tages, and  that  there  may  be  established  between  the  two 
nations,  a  commerce  of  kindnesses  and  reciprocal  services 
of  friendship,  founded  on  mutual  utility.  Secondly,  the 
King,  according  to  the  terms  of  the  treaty,  ought  to  treat 
the  Americans  as  the  most  favored  nation.  Thus  he  can- 
not impose,  on  their  ships  and  merchandizes,  greater  du- 
ties than  on  those  of  other  nations.  Thus  the  treaty 
obliges  us  to  receive  them  in  our  ports,  whilst  they  can 
elude  this  stipulation,  and  exclude  us  from  theirs,  by 
establishing  exorbitant  duties.  Thirdly,  although  we  may 
have  the  right  and  the  disposition  to  adopt  rules  analogous 
to  the  two  laws  of  New  Hampshire  and  Massachusetts, 
we  ought  only  to  exercise  this  right  with  respect  to  these 
two  States,  or  the  other  eleven  republics  could  say  we 
have  not  a  right  to  exclude  them  from  our  ports  by  exor- 
bitant impositions,  whilst  they  received  us  in  theirs.  It  is 
impossible,  however,  to  distinguish  a  New  Hampshire 
ship  from  a  vessel  of  the  other  States,  as  they  all  navigate 
under  the  same  flag.  It  is  impracticable,  then,  to  fix  a 


238    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

distinction,  and  subject  them  to  duties  from  which  the 
other  eleven  States  should  be  exempt. 

But  we  beg  that  you  will  pay  attention  to  the  following 
circumstances :     there  has  been    imposed,  as  we    have 
already  observed,  a  duty  of  5f.  per  ton,         -         -     5 
And  also  another  duty  of  2f.  8.  for  light  money, 
after  the  example  of  England,  and  although  this 
duty  takes  place  in  no  part  of  France  on  this 
footing,         -         -         -  w'H-as.^-.^'^J.^      .    •      28 

7  8 

This  light  duty  is  an  additional  duty  to  another  duty, 
which  already  exists,  for  the  use  and  service  of  Light 
Houses,  and  we  must,  moreover,  pay  double  the  duties 
which  the  American  merchants  and  navigators  pay. 
These  enormous  taxes  are  payable  from  the  first  of  the 
approaching  month.  Then,  French  vessels,  whose  own- 
ers could  not  be  informed  of  this  measure,  will  have  to 
pay,  at  their  arrival  at  the  ports  of  New  Hampshire  and 
Massachusetts,  exorbitant  duties,  which  they  do  not  ex- 
pect, and  it  will  be  impossible  for  them  to  sell  their  car- 
goes without  a  loss,  seeing  that  the  Americans,  free  from 
these  duties,  can  sell  the  same  merchandizes  at  a  much 
more  reasonable  rate. 

In  these  circumstances  it  remains  for  us  to  intreat  you 
to  demand  that  the  effect  of  the  law  should  be  suspended 
with  respect  to  French  vessels  which  are  actually  expect- 
ed, and  whose  shippers  could  not  have  foreseen  such  a 
measure ;  we  think  that  four  months  will  suffice  for  the 
purpose  of  advising  the  French  merchants ;  and  that  they 
may  consider  whether  it  will  be  suitable  for  them  to  leave 
off  their  adventures  to  these  two  States,  and  direct  them 


DIPLOMATIC  CORRESPONDENCE.  239 

to  other  quarters ;  or  if  they  can  continue  to  carry  on 
commerce  without  a  loss,  with  the  States  of  New  Hamp- 
shire and  Massachusetts.  We  have  the  more  reason  to 
hope  that  these  two  States  will  pay  attention  to  your 
representations,  as  their  commerce  is  greatly  favored  in  the 
kingdom  and  in  our  colonies ;  and  as  they  have  had  RTC- 
cent  proof  of  it,  in  the  establishment  of  seven  free  ports  in 
the  said  colonies,  although  by  the  treaty  his  Majesty  was 
only  bound  to  keep  open  but  two  for  them. 

We  desire  that  the  commerce  between  the  two  nations, 
should  be  established  on  a  footing  the  most  mutually 
advantageous. 

France  had  done  every  thing  to  accomplish  this.  She 
spares  no  pains  to  facilitate  the  operations  of  the  allies  in 
Europe  and  her  colonies.  She  has  even  opened  for  them 
free  ports  in  Asia;  and  those  employed  by  her  have 
orders  to  use  all  their  efforts  to  encourage  the  commerce 
of  the  Americans  in  India.  We  are  persuaded  that  the 
States  of  New  Hampshire  and  Massachusetts  have  no 
view  to  counteract  such  amicable  measures,  and  that  they 
will  revise  and  abrogate  the  laws  in  question,  and  in  the 
meanwhile  suspend  their  execution  as  far  as  they  respect 
the  French. 

AUBRY,  DUBOIS,  &  Co. 

Boston,  July  28,  1785. 


240         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 


FROM   JOHN    JAY    TO    MONSIEUR  DE    MARBOIS. 

Office  for  Foreign  Affairs,  ? 
August  22,  1785.      5 

Sir, 

•  I  have  been  honored  with  your  letter  of  the  20th  inst. 
together  with  the  paper  mentioned  to  be  enclosed  with 
it,  and  as  soon  as  they  can  be  translated,  shall  lay  them 
before  Congress. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


FROM   JOHN    JAY    TO    THE    PRESIDENT    OF    CONGRESS. 

Office  for  Foreign  Affairs,  ) 
August  25,  1785.      $ 

Sir, 

I  have  the  honor  of  transmitting  to  your  Excellency 
herewith  enclosed,  a  letter  from  the  Charge  d'Affaires  of 
France  of  the  20th  inst.  with  a  memorial  that  accom- 
panied it  from  certain  French  merchants  to  him,  stating 
objections  to  laws,  lately  passed  in  New  Hampshire  and 
Massachusetts,  respecting  commercial  objects.  I  also 
enclose  translations  of  these  papers,  and  have  the  honor 
to  be  with  great  respect  and  esteem,  &c. 

JOHN  JAY. 


DIPLOMATIC  CORRESPONDED  IE.  241 

Report  of  Secretary   Jay,  on  representations  of  certain 
French  merchants,  fyc. 

Office  for  Foreign  Affairs,  > 
October  7,  1785.      $ 

The  Secretary  of  the  United  States,  for  the  Department 
of  Foreign  Affairs,  to  whom  was  referred  the   repre- 
sentation of  certain  French  merchants  against  the  acts 
of  New  Hampshire  and  Massachusetts,  for  regulating 
navigation  and  commerce,  be.  Reports  : 
That  as  the  objections  stated  in  the  memorial   against 
those  acts,  are  equally  applied  to  both  of  them,  he  pre- 
sumes there  is  no  material  difference  between  them.     He 
has  the   one   of  Massachusetts,   but  not   that   of  New 
Hampshire.     This  circumstance  induces  him  to  take  the 
liberty  of  suggesting,  whether  it  would  not  be  expedient 
to  collect,  at  the  public  expense,  copies  of  the  acts  of 
the  different  States,  and  place  them  in  the  Secretary's 
office  for  the  use  of  Congress  and  their  officers. 

The  complaints  made  of  these  acts  may  be  comprised 
under  the  following  heads  : 

1st.  That  they  exclude  French  vessels  from  all  ex- 
cept certain  ports,  whereas  all  the  ports  of  France  are 
open  to  American  vessels,  and  in  some  of  them  no  duties 
are  demanded,  viz  :  in  the  four  free  ports. 

2nd.  That  the  duty  of  tonnage,  imposed  by  these  acts, 
is  not  consistent  with  the  fifth  article  of  the  treaty. 

3rd.  That  they  were  made  to  take  place,  so  soon  after 
they  were  enacted,  as  not  to  afford  reasonable  time  for 
European  merchants  to  be  informed  of  them. 

In  considering  these  objections,  two  objects  of  inquiry 
present  themselves,  1st.  whether  these  acts  observe  the 
VOL.  i.— 31 


242         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

letter  of  the  treaty,  and  2dly.  whether  they  quadrate  with 
those  principles  of  reciprocity,  in  which  the  treaty  is  pro- 
fessedly founded. 

As  to  the  first  objection,  viz  :  the  exclusion  of  French 
vessels  from  all  except  certain  ports;  your  Secretary 
observes  that  there  is  no  express  stipulation  in  the  treaty 
which  prevents  such  exclusion,  while  extended  to  the 
most  favored  nation. 

He  nevertheless  thinks,  that  however  lawful  and  con- 
sistent with  the  letter  of  the  treaty,  such  exclusion  may 
be,  and  however  the  States  may  have  good  right  to 
refuse  establishing  any  free  ports;  yet  that  the  French 
merchants  have  reason  to  say,  that  they  enjoy  fewer 
privileges  in  that  respect,  in  New  Hampshire  and  Massa- 
chusetts, than  the  merchants  of  those  States  do  in  France, 
from  none  of  whose  ports  they  are  excluded,  and  in 
some  of  which,  they  are  allowed  particular  immunities. 

The  second  objection  appears  to  have  much  weight. 

The  fifth  article  of  the  treaty  exempts  American 
vessels  from  the  impost  of  100  sous  per  ton,  established 
in  France  on  foreign  ships,  unless,  when  the  ships  of 
the  United  States  shall  load  with  the  merchandize  of 
France,  for  another  port  of  the  same  dominion,  in  which 
case  they  shall  pay  the  duty  abovementioned,  so  long 
as  other  nations,  the  most  favored,  shall  be  obliged  to 
pay  it. 

But  it  is  understood  that  the  United  States,  or  any  of 
them,  are  at  liberty,  when  they  shall  judge  it  proper,  to 
establish  duty  equivalent  in  the  same  case;' that  is  in  the 
opinion  of  your  Secretary,  in  the  case  of  a  French  vessel 
loading  in  one  port  to  carry  her  lading  to  another  port  of 
the  United  States. 


DIPLOMATIC  CORRESPONDENCE.  243 

If  this  be  the  true  construction  and  the  meaning  of  the 
treaty,  then  it  seems  to  follow,  as  of  necessary  conse- 
quence, that  none  of  the  United  States  can  rightfully 
impose  a  duty  of  tonnage  on  a  French  vessel  in  any 
other  case.  For,  if  it  was  intended  that  they  should  be  at 
liberty  to  impose  it  in  all  cases,  why  was  it  expressly 
stipulated  that  they  might  impose  it  in  the  same  or  in 
such  a  case  ?  It  would  neither  be  a  fair  construction  of 
the  treaty,  nor  a  construction  consistent  with  the  most 
obvious  dictates  of  reciprocity,  to  say,  that  the  French 
are  to  give  up  their  tonnage  of  100  sous  in  all  cases  but 
one,  but  that  the  United  States  are  to  be  at  liberty  to 
impose  tonnage  equal  to  100  sous  per  ton  on  French 
vessels  in  every  case,  without  exception. 

The  law  of  Massachusetts  makes  no  distinction  of 
cases,  but  subjects  French  vessels  to  tonnage  in  every 
case  where  they  enter  their  ports  after  the  1st  of  August. 
In  this  respect,  therefore,  your  Secretary  considers  that 
act  as  deviating  both  from  the  letter  and  the  spirit  of  the 
treaty. 

The  third  objection,  though  not  very  important,  merits 
some  attention. 

The  act  of  Massachusetts  passed  the  23rd  June,  and 
took  place  the  1st  August  last.  This  notice  might  have 
been  sufficient  to  prevent  a  ship  from  sailing,  but  it  was 
not  sufficient  to  prevent  a  ship  being  fitted  out  and  laden 
for  their  ports.  It  doubtless  is  wholly  in  the  discretion 
of  the  legislature  to  make  their  acts  take  place  when 
they  please.  But  it  nevertheless  seems  reasonable  that 
they  who  are  to  be  affected  by  laws,  should  have  season- 
able notice  of  them. 

Your  Secretary  takes  the  liberty  of  observing,  that  the 
French  have  extended  liberty  of  commerce  to  the  United 


244         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

States,  beyond  what  they  were  bound  to  do  by  the  treaty, 
and  it  certainly  would  not  be  kind  to  repay  their  friendly 
relaxation  by  restrictions  more  rigid  than  a  due  regard  to 
our  commercial  interests  may  demand  and  justify.  It  is 
in  their  power  to  retaliate,  but  it  would  not  be  good 
policy  in  us  to  dispose  them  to  it. 

Your  Secretary  is  clearly  of  opinion,  that  the  com- 
merce of  the  United  States  must  suffer  from  partial  and 
discordant  regulations,  and  that  until  it  is  under  one  direc- 
tion, it  will  never  be  conducted  in  that  stable,  uniform, 
and  consistent  manner  which  is  necessary  to  produce  the 
benefits  and  respectability  that  might  be  expected  from  it. 

As  to  the  acts  in'question,  he  thinks  it  would  be  pro- 
per to  transmit  these  papers  to  the  legislatures  of  New 
Hampshire  and  Massachusetts,  and  to  recommend  to 
them  a  revision  of  these  acts. 

The  confidence  that  may  be  placed  in  their  wisdom, 
and  in  their  attachment  to  the  honor  and  good  faith  of 
the  Union,  leaves  no  room  to  doubt  of  their  readiness  to 
correct  any  errors  which  may  have  inadvertently  glided 
into  any  of  their  laws. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FBDM    MONSIEUR   JDE    MARB01S    TO    JOHN    JAY. 

Translation. 

New  York,  August  25,  1785. 

Sir, 

Some  Frenchmen  who  have  purchased  real  estate  with- 
in the  United  States,  and  others  who  propose  to  purchase, 
have  addressed  themselves  to  me  to  know  whether  the 


DIPLOMATIC  CORRESPONDENCE.  245 

llth  Article  of  the  Treaty  of  Commerce,  guarantied  the 
absolute  property  to  them,  and  transmissible  to  their  heirs 
or  legatees  resident  or  not  in  the  United  States.  The 
article  of  the  treaty  is  so  precise,  that  it  appears  to  me 
there  can  be  no  doubt  on  this  head ;  however,  to  remove 
all  uncertainty  on  the  part  of  those  who  have  addressed 
themselves  to  me,  I  request,  sir,  that  you  will  be  so  good 
as  to  let  me  know  your  opinion  on  this  matter.  Permit 
me,  also,  to  have  the  honor  of  reminding  you  that  on  the 
14th  January,  1780,  Congress,  on  a  motion  of  the  Com- 
mittee for  Foreign  Affairs,  recommended  to  the  Legisla- 
tures of  the  different  States,  to  take  measures  to  secure 
to  the  King's  subjects  the  same  advantages  which  those 
of  the  United  States  enjoy  in  France.  We  know  that 
some  laws  have  passed  on  this  subject  in  different  States, 
but  we  are  ignorant  whether  all  that  belong  to  the  con- 
federation have  passed  similar  ones ;  and  I  request  that 
you  will  be  kind  enough  to  communicate  to  me  what  has 
come  to  your  knowledge  on  this  subject. 
I  am,  with  respect,  &c. 

DE  MARBOIS. 


FROM    JOHN    JAY    TO    MONSIEUR    DE    MARBOIS. 

Office  for  Foreign  Affairs.      ? 
September  2,  1785.  5 

Sir, 

I  have  received  the  letter  you  did  me  the  honor  to 
write  on  the  25th  ult.  and  laid  it  before  Congress. 

I  shall  take  the  earliest  opportunity  of  communicating 
to  you,  the  opinion  they  may  dkaet  roe  to  give  on  the 


246          JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

subject,  together  with  the  information  which  you  request 
on  that  head. 

Whenever  questions  arise  on  the  construction  of  an  arti- 
cle of  the  treaty,  I  think  it  will  always  be  most  advisable 
to  submit  it  to  their  consideration  and  decision ;  and  I  am 
persuaded  they  will,  on  such  occasions,  be  uniformly 
guided  by  the  spirit,  true  intent,  and  meaning,  of  the 
treaty.  Be  assured,  sir,  of  my  firm  attachment  to  the 
principles  of  it,  and  of  my  disposition  and  desire  to  see 
it  construed  and  observed  in  such  a  manner  as  may  most 
conduce  to  the  attainment  of  the  object  and  mutual 
benefits  intended  by  it. 

With  great  respect  and  consideration,  &c. 

JOHN  JAY. 


FROM  JOHN  JAY  TO  MONSIEUR  DE  MARBOIS. 

Office  for  Foreign  Affairs,      ~) 
August  31,  1785.  5 

Sir, 

Agreeably  to  the  ideas  you  suggested  in  our  last  con- 
versation respecting  the  case  of  Longchamps,  Congress 
have  ordered  me  to  return  to  you  all  the  papers  which  I 
had  the  honor  to  receive  from  you  relative  to  it,  and  I 
now  transmit  them  herewith  enclosed. 

Further  measures  for  preserving  inviolate  the  laws  of 
nations  respecting  Legations,  are  in  contemplation,  and  I 
flatter  myself  will  be  speedily  matured.  Being  impressed 
with  a  high  sense  of  the  obligation,  as  well  as  the  expe- 
diency, of  these  laws,  nothing  in  my  power  shall  be  want- 
ing to  promote  the  observance  and  punish  the  violation  of 
them.  I  have  the  honor  to  be,  &c. 

.  JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE.  247 

FROM    MONSIEUR    DE    MARBOIS    TO    JOHN  JAY. 

Translation. 

New  York,  August  30,  1785. 
Sir, 

I  have  the  honor  of  addressing  to  you  the  note  where- 
in I  announce  to  Congress  the  nomination  of  M.  Otto 
to  the  post  of  Charge  d'AfFaires  for  the  King,  with  the 
United  States.  He  will  deliver  you,  himself,  that'  which 
the  Count  De  Vergennes  has  written  to  you  on  this  occa- 
sion. I  am  well  assured,  sir,  that  during  the  course  of 
his  functions  he  will  spare  no  pains  to  deserve  your  con- 
fidence, and  from  my  long  knowledge  of  him,  I  do  not 
hesitate  to  assure  you  that  he  will  deserve  it. 

It  remains  for  me,  sir,  to  thank  you  for  the  support  I 
have  received  from  you  at  different  times,  and  to  request 
of  you  to  preserve  me  a  place  in  your  remembrance,  and 
to  assure  you  of  the  respect  and  distinguished  regard  with 
which  I  have  the  honor  to  be,  &c. 

DE  MARBOIS. 


FROM  MONSIEUR  DE  MARBOIS  TO  JOHN  JAY. 

Translation. 

New  York,  August  ?0,  1785. 

The  underwritten,  Charge  d'AfFaires  of  France,  has 
the  honor  to  inform  Congress,  that  his  Majesty,  by 
naming  him  for  the  Intendancy  of  the  Colony  of  St. 
Domingo,  has  put  a  period  to  the  functions  which  he  has 
had  the  honor  of  performing  in  the  United  States  in  the 
absence  of  the  Chevalier  de  la  Luzerne.  The  private 
affairs  of  this  Minister  not  yet  permitting  him  to  come 


248         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

and  resume  his  functions  with  Congress,  and  his  Majesty, 
desirous  that  there  should  be  no  interruption  in  the  cor- 
respondence between  him  and  Congress,  has  appointed 
Mr.  Otto  to  fulfil  the  duties  of  his  Charge  d' Affaires 
here,  until  the  return  of  his  Minister  Plenipotentiary. 

Mr.  Otto  has  the  advantage  of  having  passed  many 
years  on  this  Continent,  the  perfect  knowledge  which  he 
has  of  the  affairs  which  have  been  transacted,  and  of  the 
particular  affection  of  the  King  for  the  United  States, 
leaves  no  room  to  doubt  but  that  he  will  discharge  his 
duties  to  the  entire  satisfaction  of  his  allies. 

The  underwritten,  honored  with  the  testimonies  of  that 
of  the  King  his  master,  will  esteem  himself  happy,  if, 
during  a  residence  of  more  than  six  years,  and  in  difficult 
times,  his  conduct  has  shown  the  respect  which  he  enter- 
tains for  Congress,  and  how  advantageous  he  considers 
the  alliance  to  be  to  both  nations. 

DE  MARBOIS. 


Report  of  Secretary  Jay,  respecting  the  removal  of 
Monsieur  De  Marbois. 

Office  for  Foreign  Affairs,     ? 
September  7,  1785.5 

The  Secretary  of  the  United  States,  for  the  Department 
of  Foreign  Affairs,  to  whom  was  referred  the  letter  of 
the  2d  instant,  from  him  to  his  Excellency  the  Presi- 
dent, with  the  papers  therein  enclosed,  respecting  the 
removal  of  M.  De  Marbois,  reports : 
That  in  his  opinion,  your  Secretary  should  be  ordered 
to  write  an  answer  of  the  following  tenor  to  M.  De  Mar- 
bois' note  : 


DIPLOMATIC  CORRESPONDENCE.  249 


Office  for  Foreign  Affairs,      ? 
September,  1785.  $ 

Sir, 

The  note  which  you  did  me  the  honor  to  write  on  ihe 
30th  of  last  month,  announcing  your  appointment  to  the 
Intendancy  of  St.  Domingo,  and  that  of  the  Sieur  Otto 
to  succeed  you  here,  I  immediately  laid  before  Congress. 

In  obedience  to  their  orders,  I  have  the  honor  to 
assure  you  that  this  distinguished  mark  of  your  royal 
master's  approbation  and  favor  gives  them  pleasure,  and 
they  wish  you  happiness  and  prosperity  in  the  enjoy- 
ment of  it.  The  manner  in  which  you  have  filled  the 
place  of  his  Majesty's  Charge  d' Affaires  here  has  given 
them  entire  satisfaction,  and  I  am  ordered  to  mention  this 
to  Count  de  Vergennes. 

The  great  and  repeated  proofs  which  the  United  States 
have  received  of  his  Majesty's  affection,  and  the  zeal  and 
abilities  with  which  his  Minister  has,  on  various  occasions, 
executed  his  friendly  intentions  towards  them,  leave  no 
room  to  doubt  but  that  such  men  only  will  be  charged 
with  his  affairs  in  this  country,  as  from  inclination,  as 
well  as  duty,  will  be  disposed  to  cherish  the  union  and 
cement  the  interests  and  friendship  of  the  two  nations. 

In  this  light  they  consider  the  Sieur  Otto ;  and  he  may 
be  assured  that  their  respect  and  affection  for  his  sove- 
reign, as  well  as  the  good  opinion  they  entertain  of  him, 
will  always  induce  them  to  render  his  residence  as  agree- 
able to  himself  as  they  are  persuaded  it  will  be  to  them. 
I  have  the  honor  to  be,  &c. 

To  MONSIEUR  DE  MARBOIS, 

Charge  d'Affaires  of  his  most  Christian  Majesty. 
VOL.  i.— 32 


250         JOHN  JAY—SEC.  FOR  FOREIGN  AFFAIRS, 

Your  Secretary  purposes  to  enclose  the  above  letter  in 
the  following  (the  former  being  an  answer  to  the  note, 
and  the  latter  to  the  Utter,  of  M.  De  Marbois.) 

Office  for  Foreign  Affairs,      } 
September,  1785.  S 

Sir, 

The  letter  herewith  enclosed  is  in  answer  to  the  note 
which  accompanied  the  letter  you  did  me  the  honor  to 
write  on  the  30th  instant. 

M.  Otto  has  delivered  to  me  the  letter  from  the  Count 
De  Vergennes,  of  which  you  make  mention,  and  I  shall 
take  the  earliest  opportunity  of  transmitting  an  answer 
to  it. 

The  character  you  give  of  Mr.  Otto  corresponds  with 
what  I  should  have  supposed  it  to  be,  from  that  of  the 
Minister,  and  he  may  rely  on  my  disposition  to  render 
his  residence  agreeable. 

It  has  been,  and  shall  continue  to  be  my  desire,  so  to 
discharge  the  duties  of  my  office  as  to  give  perfect  satis- 
faction to  the  Ministers  and  subjects  of  your  magnanimous 
King,  and  I  am  happy  to  find  that  I  have  succeeded  with 
respect  to  you. 

We  have  been  laborers  in  the  same  great  work,  and  I 
flatter  myself  that  your  removal  from  America  will  not 
diminish  your  affection  for  it.  It  will  always  give  me 
pleasure  to  hear  of  your  health  and  happiness,  and  that 
of  your  amiable  lady.  Permit  me  to  offer  to  you  and  to 
her,  my  best  wishes  for  your  safe  arrival  at  the  place  of 
your  destination,  and  any  friendly  services  that  may  be  in 
my  power  to  render. 

With  great  respect  and  consideration,  &c. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE.  251 

FROM    MONSIEUR    DE    MARBOIS    TO    JOHN    JAY. 

Translation. 

New  York,  September  24,  1785. 
Sir, 

I  am  sorry  I  could  not  meet  you,  to  express  the  satisfac- 
tion which  I  have  received  from  your  letter,  dated  the  12th 
instant,  as  it  mentions  Congress'  approbation  of  my  con- 
duct, whilst  I  have  had  the  honor  to  reside  as  the  King's 
Charge  d?  Affaires  in  this  country.  I  have  obtained 
the  principal  object  of  my  mission,  which  has  been  to 
promote  as  much  as  in  my  power,  the  good  understand- 
ing and  preserve  the  friendship  between  the  King  and  the 
States.  The  manner  with  which  you  conveyed  their 
sentiments  to  me,  could  not  but  give  additional  satis- 
faction. 

I  propose  to  leave  this  continent  to-morrow ;  but  six 
years'  residence,  which  I  shall  ever  consider  as  the  most 
interesting  of  my  life  past,  both  by  the  importance,  and 
the  success  of  the  events  to  which  I  have  been  an  active 
witness,  and  the  connexion  I  have  formed,  will  never 
permit  me  to  be  a  stranger  to  America,  and  I  shall  be 
happy  whenever  duty  will  concur  with  my  inclination,  to 
afford  me  the  means  of  evincing  the  sentiments  I  shall 
preserve  for  it. 

Mrs.  De  Marbois  is  much  obliged  for  your  mention  of 
her,  she  desires  to  be  remembered  to  Mrs.  Jay,  to  whom 
I  have  the  honor  to  offer  my  respects. 

I  cannot  leave  this  place  without  again  assuring  you, 
sir,  that  I  shall  have  a  particular  pleasure  in  hearing,  that 
circumstances  have  allowed  Monsieur  Longchamps  to  be 
treated  with  lenity.  I  renew  this  application  at  the  very 


252         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

instant,  there  are  attempts  made  towards  further  provoca- 
tions. Mr.  Otto  may  inform  you  of  what  nature  they 
are,  if  you  do  not  already  know  it.  I  do  not  believe 
they  come  from  him,  but  should  it  be  the  case,  it  is  im- 
possible any  thing  could  provoke  from  a  man  in  his 
situation,  and  whatever  may  be  his  behavior,  it  will  never 
alter  the  wish  I  have  formed  for  his  release  from  the 
instant  the  King  had  expressed  his  full  approbation  of 
my  conduct. 

With  perfect  respect   and  consideration,  I  have  the 
the  honor  to  be,  &;c. 

DE  MARBOIS. 


FROM  MONSIEUR  OTTO  TO  JOHN  JAY. 

Translation. 

New  York,   September  28,  1785. 
Sir, 

The  departure  of  Monsieur  de  Marbois,  will  soon 
place  me  in  the  situation  of  entering  upon  the  exercise  of 
the  functions  which  have  been  entrusted  to  me.  It  is 
very  satisfactory  to  me,  that  until  the  arrival  of  the 
Minister  Plenipotentiary,  I  have  to  transact  with  a  per- 
son whose  patriotism  and  affection  for  my  court,  will 
greatly  facilitate  any  business  with  which  I  may  be 
charged  during  my  residence  here,  and  I  flatter  myself 
that  I  shall  merit  your  confidence,  and  convince  you  of 
my  personal  attachment  to  the  United  States,  indepen- 
dent of  those  obligations  my  place  imposes  on  me. 

I  have  perused,  sir,  with  the  warmest  acknowledg- 
ments, the  letter  you  were  pleased  to  address  to  my  pre- 


DIPLOMATIC  CORRESPONDENCE.  353 

decessor  the  12th  instant.  In  rendering  justice  to  his 
zeal,  you  have,  at  the  same  time,  condescended  to  assure 
him  of  the  good  opinion  which  Congress  have  conceived 
of  my  dispositions.  I  entreat  you  to  believe  that  I  shall 
esteem  myself  very  happy,  to  have  an  opportunity  of 
rendering  myself  worthy  of  the  approbation  of  that  as- 
sembly, and  of  contributiug  to  draw  still  closer  the  bonds 
which  unite  our  nations. 

These  ties,  sir,  ought  forever  to  be  held  sacred  and 
indissoluble.  The  attachment  of  France  to  the  United 
States  proceeds,  not  from  a  momentary  advantage,  but 
from  a  wise,  enlightened,  provident  policy,  which  has 
established,  upon  the  permanent  basis  of  justice  and  mu- 
tual convenience,  an  alliance,  of  which  there  are  few 
examples  in  history.  The  two  nations,  divided  from  each 
other  by  a  vast  ocean,  will  never  experience  that 
jealousy,  which  vicinity  too  often  inspires.  They  may 
both  prosper  without  giving  umbrage  to  each  other ;  they 
may  each  aggrandize  themselves  without  prejudice  to 
their  alliance.  The  United  States  of  America  will 
always  find,  in  the  strength  of  one  of  the  most  important 
governments  of  Europe,  a  support  against  their  ene- 
mies, and  France  will  not  see,  but  with  satisfaction,  the 
flourishing  state  of  a  republic,  of  which  from  its  first 
existence  she  has  had  so  much  care.  I  know  so  well  the 
intentions  of  my  court  in  this  respect,  that  I  can  assure 
you,  sir,  that  she  will  ever  inviolably  fulfil  the  conditions 
of  the  treaties  of  alliance  and  commerce,  which  form  the 
basis  of  her  connexion  with  the  United  States,  and  it 
will  not  be  owing  to  her,  if  these  treaties  are  not  scrupu- 
lously executed.  She  is  at  the  same  time,  persuaded  that 
Congress  is  too  well  acquainted  with  its  interests,  not  to 


254         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

cement  more  and  more  the  alliance,  which  so  happily 
subsists  between  France  and  the  United  States.  The 
uniform  conduct  which  this  Assembly  has  held,  in  this 
respect,  leaves  no  doubt  of  its  true  dispositions ;  and  if 
some  of  the  States  have  appeared  to  depart,  for  an 
instant,  from  the  fundamental  principles  of  our  treaties, 
his  Majesty  is  not  ignorant;  that  Congress  has  constantly 
endeavored  to  bring  them  back  to  the  right  road. 
I  am  with  respect,  &tc. 

OTTO. 


FROM  MONSIEUR  OTTO  TO  JOHN  JAY. 

Translation. 

New  York,  November  28,  1785. 
Sir, 

I  have  the  honor  to  address  to  you  the  plan  of  a  treaty 
for  a  correspondence  between  the  Post  Offices  of  France 
and  the  United  States,  with  a  note  announcing  the  same 
to  Congress.  I  request  that  you  will  be  pleased  to  lay 
these  papers  before  that  Assembly,  unless  you  are  of 
opinion  that  the  Postmaster  General  thinks  himself  suffi- 
ciently authorized  already,  by  his  station,  to  negotiate  this 
treaty  with  the  Director  of  the  Post  Office  in  France. 
I  am,  with  respect,  &c. 

OTTO. 


DIPLOMATIC  CORRESPONDENCE.  255 

FROM    MONSIEUR    OTTO   TO    JOHN   JAY. 

Translation. 

[Delivered  November  28,  1785.] 

The  underwritten,  Charge  d' Affaires  of  France,  has 
the  honor  of  informing  the  United  States  in  Congress 
assembled,  that  he  has  received  orders  from  his  Court  to 
present  to  them  the  plan  of  a  treaty  for  a  correspondence 
between  the  Post  Office  of  France  and  that  of  the  United 
States.  He  has  no  occasion  to  observe  how  interesting  it 
is  to  the  two  nations  to  multiply  as  much  as  possible  every 
means  of  connexion  and  correspondence,  and  that  the 
exactness  of  the  mails  must  contribute  by  so  much  the 
more  efficaciously,  as  the  French  packets  are  actually 
under  the  immediate  authority  of  Government.  The 
underwritten  has  the  honor  to  annex  the  plan  which  has 
been  sent  to  him,  and  he  hopes  that  the  United  States  in 
Congress  assembled,  will  be  pleased  to  authorize  the 
Postmaster  General  to  make  such  arrangements  with  the 
Director  of  the  French  Post  Office,  as  will  give,  in  future, 
greater  facility  to  a  service  which  so  essentially  concerns 
the  respective  nations. 

OTTO. 

PLAN  OF  A  TREATY,  for  the  correspondence  of  letters, 
between  the  Post  Offices  of  France  and  those  of  the 
United  States  of  North  America. 

Translation. 

Articles  of  agreement  made  for  the  carrying  and  trans- 
porting of  letters,  despatches  and  packets  sent  from  the 
cities  of  the  kingdom  of  France,  to  the  city  of  New  York 


256        JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

and  the  thirteen  United  States  of  North  America,  and  of 
letters  and  packets  which  shall  be  sent  from  the  said  city 
of  New  York  to  the  said  kingdom  of  France. 

Between who  have  agreed  upon  the  following 

Articles: 

ARTICLE  i.  That  there  shall  be  maintained  on  both 
sides,  a  good,  firm  and  mutual  correspondence,  for  the 
sending,  reception  and  distribution  of  letters,  despatches 
and  packets. 

ARTICLE  11.  That  the  letters  and  despatches  from 
Paris,  and  all  the  cities  and  provinces  of  the  kingdom  of 
France,  as  also  those  coming  from  foreign  countries,  pass- 
ing through  France,  for  the  provinces  and  cities  of  the 
United  States  of  North  America,  shall  be  directed  and 
forwarded  at  the  sole  expense  of  the  Post  Office  in 
France,  from  the  place  of  their  departure,  as  well  by  land 
as  by  means  of  the  King's  packets,  established  at 
L'Orient,  to  New  York,  once  a  month  ;  the  mails  which 
shall  enclose  the  said  letters,  shall  be  delivered,  immedi- 
ately on  their  arrival  at  New  York,  to  the  Post  Office  of 
the  United  States  of  North  America,  for  which  mails 
the  Post  Office  at  New  York  shall  give  its  receipt  to  the 
Captain  of  the  packet  in  the  presence  of  the  French 
Consul,  or  of  the  Agent  of  the  administration  of  the 
packets,  with  whom  the  said  Office  at  New  York  shall 
prove  and  determine  the  number  of  single,  double  and 
ounce  letters  which  each  mail  shall  contain,  excepting 
only  from  said  account  the  letters  and  packets  which  shall 
be  countersigned  by  the  French  Ministers,  or  such  persons 
as  shall  have  the  privilege,  which  letters  shall,  for  this 
purpose,  be  made  into  a  separate  packet,  which  shall  be 
inserted  into  the  mail  by  the  Post  Office  in  L'Orient.  . 


DIPLOMATIC  CORRESPONDENCE.  257 

ARTICLE  in.  The  Director  of  Posts  in  L'Orient, 
shall  send,  with  the  letters  which  shall  go  by  the  mails,  a 
paper  of  advice,  signed  by  him  th«  day  they  are  despatch- 
ed, and  addressed  to  the  Post  Office  at  New  York,  which 
paper  shall  not  only  mention  the  number  of  single,  double, 
and  ounce  letters,  which  compose  the  mail,  but  also  the 
account  of  the  tax,  which  shall  be  reckoned  in  French 
money,  upon  said  letters  of  each  kind,  for  their  postage 
to  New  York,  and  a  recapitulation  which  shall  show  the 
just  total  of  said  taxes. 

ARTICLE  iv.  The  said  Office  of  the  United  States 
engages,  after  having  verified  the  exactness  of  said 
paper,  to  be  accountable  to  the  Post  Offices  in  France  for 
the  total  amount  of  each  of  the  said  mails  of  letters  and 
packets  taxed;  it  shall  charge  itself  with  the  distribution  of 
them  at  their  destination,  adding  to  said  taxes  such  other  as 
may  be  due  as  well  on  account  of  forwarding  them,  which 
shall  be  done  at  the  expense  of  the  Office,  as  for  deliver- 
ing them. 

ARTICLE  v.  In  case  the  said  Post  Office  at  New 
York  shall  find  errors  in  the  account  made  of  the  letters 
which  shall  thus  be  sent  to  it  from  L'Orient,  it  has  been 
agreed,  on  both  sides,  that  the  said  errors  shall  be  cor- 
rected by  advising  the  French  Post  Office  of  it,  by  the 
first  post  which  shall  follow  the  receipt  of  the  mail,  so 
that  the  said  Post  Office  at  New  York,  shall  not  be  ac- 
countable to  that  of  France,  but  for  the  amount  which  it 
shall  declare  to  have  really  found  in  each  mail. 

ARTICLE  vi.  It  has  moreover  been  agreed,  that  the 

countersign  of  the  French  letters,  which  shall  not  have 

been  taxed  at  leaving  L'Orient,  shall  only  frank  such 

letters  on  their  way  through  France  and  for  their  passage. 

VOL.  i.— 33 


258         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

ARTICLE  vii.  All  letters,  where  postage  shall  have 
been  charged  by  the  French  Office  to  that  of  the  United 
States,  and  which  shall  have  become  refuse  without 
having  been  opened,  shall  be  re-taken  by  the  French 
Office  at  the  price  they  have  been  reckoned,  and  with 
which  they  have  been  taxed ;  the  New  York  Office 
returning  them  every  six  months  to  the  Post  Office  at 
L'Orient. 

ARTICLE  vm.  In  like  manner,  the  letters  and  des- 
patches from  New  York,  and  from  all  the  provinces  and 
cities  of  the  United  States  of  North  America,  for  the 
provinces  and  cities  of  the  Kingdom  of  France,  shall  be 
directed  and  forwarded  by  the  Office  at  New  York,  that 
is  to  say,  at  the  charge  of  the  Post  Office  of  the  thir- 
teen United  States,  from  the  place  of  their  departure  to 
New  York,  and  from  New  York  at  .the  expense  of  the 
French  Posts,  as  well  by  means  of  the  return  of  his 
most  Christian  Majesty's  packets  to  L'Orient,  as  by 
land,  from  L'Orient  to  their  destination  in  France.  The 
mails  which  enclose  the  said  letters  to  be  taken  from  the 
Post  Office  at  New  York  by  the  captain  of  each  packet 
ready  to  .sail  for  L'Orient,  and  immediately,  on  the  arrival 
of  the  vessel,  delivered  to  the  Director  of  the  Posts  of 
the  said  city  ;  who  shall  give  his  receipt  for  them  to  the 
said  captain,  in  presence  of  the  superintendent  of  the 
administration  of  the  packets,  with  whom  he  shall  ascer- 
tain and  determine  the  number  of  single,  double,  and 
ounce  letters,  contained  in  each  mail. 

ARTICLE  ix.  The  said  Post  Office  at  New  York  shall 
send,  with  the  letters  which  shall  go  by  said  mails,  a 
paper  of  advice,  signed  and  dated  the  day  the  packet  is 
despatched,  and  addressed  to  the  Post  Office  at  L'Orienl ; 


DIPLOMATIC  CORRESPONDENCE.  259 

which  paper,  like  those  from  the  latter  Office  for  New 
York,  shall  signify  not  only  the  single,  double,  and  ounce 
letters,  which  compose  the  mail,  but  also  the  amount  of 
the  tax,  which  shall  be  brought  into  French  money  and 
not  otherwise,  upon  the  letters  of  each  kind,  for  their 
postage  to  New  York  only,  and  a  recapitulation  which 
shall  present  the  just  .total  of  said  taxes. 

ARTICLE  x.  The  said  Post  Office  of  France  engages, 
after  verification  made  on  its  part,  at  the  Office  in 
L'Orient,  of  the  exactness  of  said  paper,  to  be  account- 
able to  the  Post  Office  of  the  United  States  of  America 
at  New  York,  for  the  total  amount  of  each  of  the  said 
mails  of  letters  in  packets  taxed  by  the  posts  of  the 
United  States,  which  packets  and  letters  they  charge 
itself  with  the  distribution  of,  to  their  destination  in  the 
Kingdom,  adding  to  said  taxes  such,  which,  according  to 
the  tariff  of  France  are  due,  as  well  on  account  of  trans- 
portation, which  shall  have  been  made  from  New  York 
to  the  destination  of  such  letters,  as  for  the  distribution 
by  said  Office. 

ARTICLE  xi.  It  has  been  agreed  by  the  two  Offices, 
that  the  clause  inserted  in  the  fifth  article  of  the  present 
treaty,  relating  to  errors  which  may  be  found  in  the 
amount  of  letters  which  the  Office  of  France  shall  send 
to  New  York,  shall  be  exactly  the  same,  vice  versa, 
with  respect  to  the  aforesaid  Office,  as  to  errors  which 
may  also  be  met  with  in  the  amount  of  mails  of  letters 
from  North  America  to  L'Orient,  where  the  verification 
shall  be  made. 

ARTICLE  xn.  It  has  moreover  been  agreed  upon,  as  in 
Article  seven  of  the  present  treaty,  that  all  letters  where 
postage  shall  be  charged  by  the  Post  Office  in  New 


260         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

York  against  that  of  France,  and  which  shall  become 
refuse  without  having  been  opened,  shall  be  re-taken  by 
the  Post  Office  of  the  United  States  at  the  same  price 
they  shall  have  -been  reckoned  and  taxed,  the  Office  in 
France  returning  them  every  six  months  to  the  Post 
Office  in  New  York.  :>.  r"./ 

ARTICLE  xui.  It  has  moreover  been  covenanted  and 
agreed  on  both  sides,  that  all  letters  and  packets  which 
shall  be  reciprocally  sent,  shall  be  exactly  stamped,  in  a 
legible  manner  on  their  superscription,  with  the  name  of 
the  town  where  they  shall  have  been  written,  and  that 
the  cyphers  of  the  taxes  which  shall  have  been  affixed 
to  them,  shall  mark  the  sous  or  livres  tournois. 

ARTICLE  xiv.  The  accounts  between  the  two  Offices 
shall  be  rendered  every  six  months,  by  that  Office  which 
shall  find  itself  in  debt,  to  the  other,  which  having  veri- 
fied and  acknowledged  the  said  accounts  just,  shall 
balance  them,  after  which  the  money  which  shall  be  due 
to  said  Office,  shall  immediately  be  paid  to  the  person, 
that  shall  be  authorized  for  the  purpose. 

ARTICLE  xv.  All  the  mails  and  bags  shall  be  well 
and  duly  sent  and  sealed  from  one  Office  to  the  other ; 
with  the  true  and  acknowledged  seal  of  each  Office. 

ARTICLE  xvi.  The  parties  reciprocally  oblige  them- 
selves to  prevent,  by  every  possible  means,  any  of  the 
above  mentioned  letters  and  packets  from  being  sent  by 
another  mode  than  by  their  ordinary  posts. 

ARTICLE  xvn.  It  has  been  moreover  agreed,  that  the 
effect  and  execution  of  this  present  treaty  shall  com- 
mence between  the  said  parties,  the  Post  after  com- 
pleting the  ratification,  signed  and  sealed  in  good  form, 
on  the  one  part  by ,  and  on  the  other  part  by . 


DIPLOMATIC  CORRESPONDENCE.  261 

It  has  moreover  been  agreed  on  both  sides,  that  the  said 
present  treaty  cannot  be  broken  by  one  of  the  parties, 
till  after  a  year's  previous  notice  to  the  other ;  and  there 
shall  be  added  and  transcribed  the  powers  of  us. 

In  faith  of  which,  we  have  reciprocally  signed  this 
present  treaty,  and  affixed  the  seal  of  our  arms.  Done 
and  agreed  in  duplicates,  between  us,  at  Paris,  &c. 


FROM  JOHN  JAY  TO  MONSIEUR  OTTO. 

Office  for  Foreign  Affairs,     ~) 
November  28,   1785-5 

Sir, 

I  have  received  the  letter  which  you  did  me  the  honor 
to  write  this  morning,  enclosing  a  note  of  the  same  date, 
and  a  project  of  a  treaty  between  the  Post  Offices  of 
Franpe  and  of  the  United  States. 

These  papers,  as  soon  as  translated,  shall  be  laid  before 
Congress,  and  I  cannot  omit  this  opportunity  of  assuring 
you,  that  every  occasion  of  extending  the  ties  and  inter- 
course between  our  countries,  will  give  me  pleasure. 
I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


FROM  EBENEZER  HAZARD  TO  JOHN  JAY. 

General  Post  Office,         ~> 
December  21,  1785.  5 

Sir, 

1  have  considered  the  plan  for  the  correspondence  of 
letters  between  the  Post  Offices  of  France,  and  those  of 


262         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

the  United  States  of  North  America,  and  think  it, -in 
general,  a  good  one ;  there  are,  nevertheless,  some  parts 
of  it,  which  are  exceptionable.  The  3d,  9th,  and  13th 
articles  require  that  the  postage  shall  be  marked  in 
French  money,  sous  and  livres ;  this  will  be  impracticable, 
as  the  French  moneys  are  not  sufficiently  understood  in 
America ;  but  the  most  exceptionable  article  is  the  4th, 
should  this  be  agreed  to,  the  immediate  consequence  will 
be  that  the  letters  must  be  disseminated  from  New 
Hampshire  to  Georgia,  at  the  risk  of  the  United  States; 
and  this  will  be  evidently  very  great,  if  we  consider  the 
distances  to  which  the  letters  must  travel — the  size  and 
situation  of  many  of  our  ferries,  and  our  seasons,  espe- 
cially the  winter.  Great  however  as  the  risk  is,  it  must 
of  course  be  ours,  as  we  are  to  be  accountable  for  the 
postage  of  all  letters,  excepting  the  "refuse"  ones,  return- 
ed agreeably  to  the  7th  Article.  To  this  may  be  added, 
the  difficulty  of  keeping  accounts,  when  both  nations  will 
be  interested  in  the  postage  on  each  letter,  and  that 
postage  will  be  marked  partly  in  sous  and  livres,  and 
partly  in  pennyweights  and  grains  of  silver.  The  whole 
business  may  be  extremely  simplified  by  adopting  the 
same  plan  that  we  are  upon  respecting  the  British 
packets,  viz :  let  all  the  packet  postage  be  paid  in  Eu- 
rope, which  will  remove  every  difficulty ;  it  will  prevent 
the  necessity  of  keeping  intricate  accounts,  the  United 
States  will  risk  nothing  in  the  distribution  of  the  letters, 
except  the  inland  postage ;  the  deputy  postmasters  will 
not  be  perplexed,  and  led  into  errors  by  a  kind  of  money 
which  they  do  not  understand,  anfl  it  will  be  more  advan- 
tageous to  France,  because  the  number  of  refuse  letters 
will  be  lessened  by  it,  as  all  the  letters  put  into  the 


DIPLOMATIC  CORRESPONDENCE.  263 

Offices  in  France  will  then  be  paid  for,  and  they  will  have 
no  more  refuse  letters  from  this  side  of  the  water  upon 
this  plan,  than  upon  the  other. 

The  other  regulations,  such  as  giving  the  Captain's 
receipts  for  the  mails,  sending  invoices  of  the  letters,  &c. 
are  equally  proper  upon  either  plan. 

I  have  the  honor  to  be,  &c. 

EBEN.  HAZARD. 


Report  of  Secretary  Jay,  relative  to  the  Post  Offices  of 
France  and  the    United  States. 

Office  for  Foreign  Affairs,      ? 
February  21,  1786.  5 

The  Secretary  of  the  United  States  for  the  Department 
of  Foreign  Affairs,  to  whom  was  referred  a  letter  to 
him  of  the  28th  November  last,  from  the  Charge 
d'Affaires,  of  France,  enclosing  a  plan  of  a  treaty  for 
the  correspondence  of  letters  between  the  Post  Offices 
of  France  and  those  of  the  United  States,  Reports  : 
That  he  has  submitted  the  said  plan  to  the  con- 

sideration of  the   Postmaster    General    of  the    United 

States,  whose  opinion  thereon,  appears  in  the  following 

letter,  viz: 

General  Post  Office,         ? 
February  16,  1786.  $ 

Sir, 

I  have  had  under  consideration  the  proposed  "  Plan  of 
a  treaty  for  the  correspondence  of  letters  between  the 
Post  Offices  of  France,  and  those  of  the  United  States 


264         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

of  North  America,"  and  observe  but  one  defect  in  it; 
and  that  is,  it  is  left  optional  with  the  writer  to  pay  the 
postage  or  not;  and,  if  we  may  judge  from  experience, 
they  will  not  pay  it.  The  consequence  will  be, 

1st.  That  a  receipt  must  be  given  by  the  American 
Office,  which  will  make  the  United  States  accountable 
for  the  amount  of  the  postage. 

2nd.  The  letters  must  then  be  distributed  from  New 
Hampshire  to  Georgia,  and  the  dead  (or  refuse)  letters 
returned  to  New  York  at  the  risk  of  the  United  States; 
which  will,  evidently,  be  very  great,  if  we  consider  the 
distances  to  which  the  letters  must  travel,  the  size  and 
situation  of  many  of  our  ferries,  and  our  seasons,  espe- 
cially the  winter. 

3rd.  Accounts  must  be  kept  between  the  American  and 
French  Offices,  which,  in  their  very  nature,  must  be  com- 
plex and  intricate,  both  nations  being  interested  in  the 
postage  of  each  letter,  and  that  postage  being  marked, 
partly  in  French  money,  and  partly  in  pennyweights  and 
grains  of  silver ;  the  former  not  being  sufficiently  under- 
stood by  us,  will  occasion  many  errors,  and  be  the  source 
of  much  confusion. 

We  were  exactly  upon  the  above  plan  with  respect  to 
the  British  packets,  at  their  first  establishment,  as  you 
will  observe  from  the  enclosed  advertisement;  but  the 
inconveniences  attending  it  were  so  great  that  it  was  found 
necessary  to  make  an  alteration ;  and  the  whole  business 
was  amazingly  simplified  by  providing  that  all  the  packet 
postage  should  be  paid  in  England.  By  this  small 
change  in  the  system,  every  difficulty  is  removed ;  and,  as 
experience  has  evinced  its  utility,  I  beg  leave  to  recom- 
mend the  adoption  of  the  same  mode  in  the  present  case. 


DIPLOMATIC  CORRESPONDENCE.  265 

Indeed,  it  will  be  more  advantageous  to  France  than  the 
plan  now  proposed,  because  the  number  of  refuse  letters 
will  be  lessened  by  it,  as  all  the  letters  put  into  the  offices 
in  France  will  then  be  paid  for,  and  the  refuse  letters, 
from  this  side  of  the  water,  will  not  be  more  numerous, 
upon  this  plan,  than  upon  the  other: — there  will  also  be  a 
saving  of  the  commissions  allowed  to  the  Deputy  Post- 
masters for  transacting  the  business. 

The  other  regulations,  such  as  giving  the  Captains' 
receipts  for  the  mails,  sending  invoices  of  the  letters,  &c. 
are  equally  proper  upon  either  plan. 

I  have  the  honor  to  be,  &c. 

EBEN.   HAZARD. 

Your  Secretary  thinks  the  observations  of  the  Post- 
master General  are  well  founded,  and  therefore  is  of 
opinion,  that  the  said  Postmaster  General  should  be  duly 
authorized  to  conclude  the  said  treaty  with  the  Director 
of  the  French  posts,  vested  with  equal  powers  on  the 
part  of  his  most  Christian  Majesty,  provided  the  altera- 
tions in  question  are  admitted,  and  provided  further,  that 
the  duration  of  the  treaty  shall  not  exceed  the  term  of 
ten  years. 

Your  Secretary  is  also  of  opinion,  that  the  said  treaty 
should  be  engrossed  and  executed  in  both  languages. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


VOL.  i.— 34 


266         JOHN  JAY— SEC.   FOR  FOREIGN  AFFAIRS. 


FROM    JOHN    JAY    TO    THE    PRESIDENT    OF    CONGRESS. 

Office  for  Foreign  Affairs,     > 
December  26,  1785.  5 

Sir, 

I  have  the  honor  of  transmitting  to  your  Excellency, 
herewith  enclosed,  a  letter  of  the  28th  inst.  which  I  re- 
ceived from  the  Charge  d' Affaires  of  France,  together 
with  the  project  of  a  proposed  treaty  between  the  French 
and  the  American  Post  Offices,  which  is  mentioned  in  it. 
I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


FROM  MONSIEUR  OTTO  TO  JOHN  JAY. 

Translation. 

New  York,  November  30,  1785. 
Sir, 

I  have  the  honor  to  send  you  herewith  a  note  which  I 
request  you  to  lay  before  Congress.  It  relates  to  the 
different  credits  which  his  Majesty  and  his  subjects  have 
against  the  United  States.  These  matters  have  been 
treated  of  at  different  times  by  M.  De  Marbois,  and 
principally  in  the  letters  and  notes  which  he  addressed 
you  the  8th  March,  16th  May,  and  14th  June,  and  the 
1st  July,  of  this  year.  It  gives  me  pain  to  recur  to 
matters  which  have  so  long  occupied  the  Minister  Pleni- 
potentiary and  my  predecessor.  But  the  silence  of  Con- 
gress, the  new  formation  of  this  assembly,  and  the  pre- 
cise order  which  I  have  received  from  my  Court  on  this 
subject,  appear  to  authorize  me  to  make  a  new  attempt 


DIPLOMATIC  CORRESPONDENCE.  267 

to  obtain  a  satisfactory  answer;  and  I  hope  that  the 
United  States  will  only  consider,  in  my  conduct,  the  zeal 
which  the  post  I  have  the  honor  to  occupy,  near  Congress, 
ought  to  inspire  me  with. 

I  make  no  mention  of  the  different  particular  subjects 
which  my  predecessor  has  submitted  to  the  deliberations 
of  Congress,  the  16th  May  last.  Such  as  the  claims  of 
the  administrators  of  Martinico,  for  the  re-imbursement 
of  the  advances  made  to  Mr.  Bingham ;  also  the  de- 
mands of  the  Royal  Treasury,  on  account  of  the  sums 
re-imbursed  the  Sieurs  Sabatier  and  Despres,  on  account 
of  the  United  States.  Congress  having,  as  yet,  taken  no 
resolution  concerning  these  different  subjects,  and  the 
notes  of  my  predecessors  being  constantly  before  this 
assembly.  I  hope  that  they  will  be  pleased  also  to  add  its 
resolution  respecting  these  claims,  to  those  it  shall  make 
as  to  the  principal  points  of  the  note  which  I  have  the 
honor  to  address  to  you. 

I  have,  sir,  presented  his  Majesty's  credit  in  a  point  of- 
view  which  appeared  to  me  the  most  natural.  It  cannot 
be  disputed,  that  the  object  of  the  two  contracts,  signed 
by  Mr.  Franklin,  was  to  alleviate,  as  much  as  possible, 
the  weight  of  the  debt  of  the  United  States.  To  defer 
the  accomplishment  of  these  contracts,  is  to  defeat  the 
salutary  end  proposed,  and  to  accumulate,  without  any 
benefit  to  the  United  States,  the  arrearages  and  interests 
of  a  moderate  debt.  The  wisdom  of  the  Ministers  who 
have  digested  and  signed  the  contracts,  would  only  serve 
to  expose,  more  visibly,  the  injury  occasioned  by  delays. 

As  to  the  subjects  of  French  creditors  of  the  United 
States,  I  have,  sir,  described  their  situation  very  faintly. 
Ancient  commercial  houses  find  themselves  reduced  to 


268         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

beggary,  from  having  placed  too  much  confidence  in  paper 
money  and  Loan  Office  certificates.  They  viewed,  with 
astonishment  mixed  with  grief,  the  measures  proposed  by 
different  States  to  satisfy  their  own  citizens  to  the  exclu- 
sion of  foreigners.  This  step,  projected  by  people  who 
have  just  distinguished  themselves  by  so  many  great 
qualities,  can  only  be  attributed  to  too  great  precipitation, 
and  not  to  a  partiality  of  which  they  are  incapable. 

It  is  elsewhere  remarked,  and  there  is  still  greater  rea- 
son to  believe  from  the  last  requisitions  of  Congress,  that 
this  measure  has  never  obtained  the  sanction  of  this 
assembly;  and  that  Congress  not  only  knew  how  to  form 
a  new  empire,  but  also  to  give  it  stability,  by  erecting  it 
on  the  immoveable  basis  of  justice  and  virtue. 
I  am,  with  respect,  &c. 

OTTO. 


FROM  MONSIEUR  OTTO  TO  JOHN  JAY. 

Translation. 

New  York,  November  30,  1785. 
Sir, 

The  underwritten,  Charge  d' Affaires  of  France,  has 
the  honor  of  informing  the  United  States,  in  Congress 
assembled,  that  he  has  received  orders  from  his  Court,  to 
take  notice  of  the  measures  which  have  been  adopted 
for  fulfilling  the  conditions  of  the  two  contracts,  signed  in 
the  name  of  the  United  States,  by  Mr.  Franklin,  the 
16th  July,  1782,  and  25th  February,  1783. 

The  United  States  have  engaged  themselves  by  the 
first  contract,  to  pay  annually,  reckoning  from  the  date 


DIPLOMATIC  CORRESPONDENCE.  269 

of  the  peace,  the  interest  of  a  loan  of  eighteen  millions, 
and  to  reimburse  the  capital  in  twelve  equal  portions, 
beginning  the  third  year  after  the  peace.  They  have 
moreover  promised  to  reimburse,  in  ten  equal  terms,  to 
commence  the  5th  November,  1787,  the  loan  of  ten 
millions  made  in  Holland  and  guarantied  by  his  Majesty, 
and  to  pay  the  interest  thereof  in  the  meantime,  at  the 
rate  of  four  per  cent. 

By  the  second  contract,  they  have  not  only  confirmed 
the  preceding  articles,  but  they  have  acknowledged 
themselves  debtors  in  a  new  loan  of  six  millions,  the 
interest  of  which  they  have  promised  to  pay  annually  at 
five  per  cent,  and  to  reimburse  the  capital  in  six  equal 
periods,  to  commence  from  the  year  1797. 

From  the  tenor  of  these  contracts,  it  appears  that 
the  United  States  have  engaged  to  pay  annually,  under 
the  title  of  interest,  at  the  Royal  Treasury,  the  sum  of 
1 ,600,000  livres  tournois  ;  but  although  this  sum  has 
been  constantly  comprehended  in  the  requisitions  of 
Congress,  his  Majesty's  treasurer  has  only  as  yet  re- 
ceived the  amount  of  the  interest  of  the  Dutch  loan. 
So  that  the  interest  of  the  present  year,  comprehending 
the  arrearages  of  the  last  year  amounts  to  2,400,000 
livres  tournois. 

The  underwritten  need  not  observe  that  it  appears  for 
the  advantage  of  the  United  States  to  acquit,  succes- 
sively, the  sums  due  to  his  Majesty,  seeing  that  delays 
will  become  daily  more  burthensome  to  the  finances  of 
Congress,  by  the  progressive  accumulation  of  arrearages. 
He  has  no  doubt,  but  that  the  gratitude  of  the  United 
States,  the  desire  of  liberating  themselves,  and  above  all, 
the  consideration  of  their  own  interest,  will  engage  them 


270         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

to  discharge  a  debt,  the  weight  of  which  his  Majesty 
has  endeavored  to  diminish  as  much  as  was  in  his  power, 
by  remitting  the  interest  till  the  date  of  the  peace,  and 
by  fixing  distant  periods  for  the  reimbursement  which 
will  extend  as  far  as  the  year  1802.  The  regularity 
with  which  the  interest  of  the  Dutch  loan  has  been  paid 
till  now,  and  the  assurances  which  the  underwritten  has 
received  on  this  subject  from  the  Commissioners  of  the 
Treasury,  give  him  reason  to  hope  that  the  United 
States  will  not  show  less  punctuality,  in  the  payment  of 
the  other  interests  and  the  gradual  reimbursement  of  the 
debt  of  twenty-four  millions,  whose  first  period  will  be 
elapsed  the  3rd  of  September  of  the  ensuing  year. 

The  underwritten  thought  proper  to  enter  into  these 
details,  to  engage  the  United  States,  in  Congress  assem- 
bled, to  represent  to  their  constituents  how  much  it  im- 
ports them  to  provide  the  necessary  funds  for  the  gradual 
reimbursement  of  these  debts;  that  the  arrearages  of  the 
last  year  have  already  doubled  the  sum  to  be  paid  this 
year ;  that  the  progressive  accumulation  of  interest  will 
soon  render  useless  the  precautions  which  have  been  so 
wisely  taken  in  the  two  contracts,  for  dividing  in  the 
least  burthensome  manner  the  reimbursement  of  a  sum 
through  the  space  of  nineteen  years,  which  it  would 
have  been  impossible  to  have  discharged  at  once.  And 
that  the  citizens  of  the  United  States  know  too  well, 
what  they  owe  to  their  posterity  to  wish  to  oppress  them 
with  the  weight  of  a  debt,  which  their  delays  may  con- 
siderably augment  without  any  benefit  to  their  country. 

But  whilst  the  underwritten  demands  with  importunity 
a  satisfactory  answer  to  a  subject  which  is  personal  with 
regard  to  his  Majesty,  he  ought  at  the  same  time"  to 


DIPLOMATIC  CORRESPONDENCE.  271 

submit  to  the  consideration,  and  the  justice  of  Congress, 
the  claims  of  a  large  number  of  the  King's  subjects. 
His  Majesty  is  sensibly  touched  with  the  deplorable 
situation  of  the  commercial  houses,  which  are  thrown  into 
the  greatest  embarrassment  by  giving  credit  to  the  United 
States,  and  to  individual  States,  and  by  the  depreciation 
of  paper  money.  Among  the  number  of  these  mer- 
chants, there  are  many,  who,  from  the  commencement 
of  the  revolution,  have  exposed  their  lives  and  their 
fortunes  by  sending  to  the  United  States,  not  only  the 
articles  of  the  first  necessity,  but  arms,  ammunition  and 
a  quantity  of  other  objects,  which  have  greatly  facilitated 
the  operations  of  Congress.  Others,  prevailed  upon  by 
the  repeated  demands  of  some  individual  States,  have 
sent  them  very  rich  cargoes,  through  the  firm  persuasion 
that  they  would  meet  with  no  difficulty  in  the  payment 
for  these  advances,  and  that  people  abounding  so  in  re- 
sources as  the  States  of  America,  could  easily  find  the 
means  to  satisfy  them,  when  peace  should  have  re-estab- 
lished order  and  tranquillity  within  their  borders.  The 
paper  money  which  was  given  them  in  payment  for 
their  advances,  bore  the  seal  of  the  confederation,  and  a 
solemn  promise  to  redeem  it  in  specie.  Such  a  promise 
merited  their  confidence,  so  much  the  more,  as  their 
sovereign  had  guarantied  the  Independence  of  the  United 
States  in  the  most  solemn  manner,  and  that  they  had 
reason  to  consider  this  guarantee  as  the  pledge  of  the 
reimbursement  of  their  advances.  So  far  from  directly 
realizing  a  paper,  which  they  ought  to  believe  as  solid 
as  gold  and  silver,  they  deposited  more  than  six  millions 
in  the  consular  chests  or  in  their  own  coffers.  This 
paper  represented  the  labors,  the  watchings  and  the 


272         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

fortunes  of  a  great  number  of  individuals,  who  had  come 
to  the  assistance  of  the  United  States  in  the  most  tem- 
pestuous times.  But  a  combination  of  unforeseen  cir- 
cumstances has  annihilated  these  effects,  even  in  the 
hands  of  their  possessors,  and  at  the  end  of  some  years 
they  see  themselves  spoiled  of  their  fortunes,  and  almost 
deprived  of  the  hope  of  recovering  funds  so  legally  due 
them. 

The  pretensions  of  the  French  merchants,  possessors 
of  paper  money,  have  been  carried  too  far  in  the  last 
memorial  which  they  have  presented  to  Congress.  The 
underwritten  had  no  knowledge  of  this  memorial  until 
after  its  delivery.  They  there  claim  the  re-imburse- 
ment  of  the  paper  money  according  to  its  nominal  value, 
without  regarding  its  depreciation.  This  demand  is  the 
less  reasonable,  as  it  would  be  too  burthensome  to  the 
finances  of  the  United  States  ;  and  as  the  French  mer- 
chants have  no  right  to  exact  such  considerable  benefits. 
But  the  justice  of  Congress  will  perhaps  induce  them  to 
order  this  re-imbursement  according  to  the  scale  of  de- 
preciation established  several  years  since  ;  and  as  the 
acts  of  the  deposits  made  in  the  different  consular  offices, 
certify,  in  an  indubitable  manner,  the  date  at  which  this 
paper  has  been  received,  it  would  be  easy  to  reduce  this 
debt  to  its  just  value.  Although  this  arrangement  would 
be  of  but  little  advantage  to  the  French  merchants,  it 
would  be  the  only  way  to  satisfy  them,  without  prejudice 
to  the  finances  of  Congress. 

This  Assembly  cannot  be  ignorant  of  the  loss,  which 
a  merchant  sustains  from  his  stock  laying  dead  for  so 
many  years.  This  circumstance  alone,  already  sufficed  to 
overwhelm  the  possessors  of  paper  money,  and  to  make 


DIPLOMATIC  CORRESPONDENCE.  373 

interest  in  their  favor,  but  the  nature  of  paper  money  is 
the  source  of  this  inconvenience,  which  neither  Congress 
nor  the  foreign  merchants  could  avoid.  To  diminish 
these  losses  as  much  as  possible,  and  to  give  a  new  proof 
of  confidence  in  the  operations  of  the  finances  of  the 
United  States,  a  great  number  of  French  merchants  have 
placed  considerable  sums  of  paper  money  in  the  loan 
offices,  which  Congress  had  opened,  and  for  their  securi- 
ty only  received  certificates,  which  bore,  in  the  name  of 
the  United  States,  not  only  the  promise  of  reimbursement, 
but  also  an  interest  of  six  per  cent.  This  interest,  how- 
ever moderate  for  a  merchant  accustomed  to  avail  him- 
self of  his  whole  means,  might  have  recompensed  indivi- 
duals, whom  the  desire  of  contributing  towards  the  greatest 
revolution  which  has  taken  place  for  many  ages,  engaged 
as  much  as  a  momentary  advantage  to  undertake  a  new 
commerce.  But  they  would  pay  too  dear  for  this  satis- 
faction, if  it  must  be  purchased  at  the  price  of  their  for- 
tunes and  welfare. 

His  Majesty  cannot  see  with  indifference,  the  losses 
sustained  by  his  subjects.  He  is  not  ignorant  that  diffe- 
rent States  of  the  Union,  have  proposed  to  adopt  partial 
measures  to  satisfy  their  own  citizens,  to  the  exclusion  of 
the  French  creditors,  but  he  has  learned  with  satisfac- 
tion, that  Congress  has  constantly  recommended  to  the 
United  States,  to  support  the  reputation  they  have  ac- 
quired by  so  many  titles,  and  to  allow  foreigners  without 
distinction,  to  participate  in  the  payment  of  loan  office 
interest.  The  requisitions,  which  this  Assembly  ad- 
dressed to  the  different  States  the  27th  September  last, 
still  bear  that  mark  of  justice,  which  has  always  charac- 
VOL.  i.— 35 


274        JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

terized  the  measures  of  Congress.  According  to  these 
requisitions,  foreigners,  possessors  of  loan  office  certifi- 
cates, should  be  treated  as  well  as  the  Americans  them- 
selves. Recommendations  so  just  and  so  essential,  can- 
not but  conciliate  more  and  more  to  this  Assembly,  the 
friendship  of  its  allies,  the  confidence  of  European  powers, 
and  the  respect  of  the  citizens  of  America.  The  under- 
written has  been  witness  to  all  the  steps,  which  it  has 
taken  to  give  consistency  to  its  finances,  he  knows  that 
it  is  firmly  persuaded  that  the  credit  of  the  United  States, 
their  national  importance,  and  their  consideration  in 
Europe,  depend  in  a  great  measure  on  the  punctuality, 
with  which  it  will  fulfill  its  engagements  ;  and  that  it  has 
already  perceived,  that  the  actual  delays  of  the  reim- 
bursements, have  done  a  considerable  detriment  to  Ame- 
rican commerce,  by  rendering  foreigners  less  disposed  to 
give  credits,  without  which  this  commerce  cannot  subsist, 
he  hopes  that  it  will^  condescend  to  recommend  this  sub- 
ject, in  the  most  serious  manner,  to  the  legislative  As- 
semblies, and  that  measures,  which  after  a  long  and  ex- 
pensive war  were  impracticable,  will  be  less  difficult  at 
the  time  when  the  enjoyments  of  the  sweets  of  peace,  and 
of  an  independence  universally  acknowledged,  the  aston- 
ishing progress  of  population,  and  the  flourishing  state  of 
navigation  and  agriculture  have  opened  all  the  channels 
of  industry,  have  brought  back  ease  into  the  bosom  of 
families,  and  order  in  the  public  administration.  He  has 
seen  too  many  examples  of  equity  in  the  respective  States, 
to  think  that  they  wish  to  avail  themselves  of  the  inesti- 
mable advantage  of  sovereignty,  without  paying  attention 
to  the  unfortunate  situation  of  private  foreigners,  who 


DIPLOMATIC  CORRESPONDENCE.  375 

have  contributed  thereto  with  all  their  might,  and  who,  at 
this  instant,  cannot  recollect  without  pain  the  most 
memorable  epoch  in  the  annals  of  America. 

The  underwritten  flatters  himself  with  the  hope,  that 
Congress  will  condescend  to  put  it  in  his  power,  to  send 
to  his  Court  a  satisfactory  answer  to  the  different  sub- 
jects, which  he  takes  the  liberty  of  laying  before  this 
Assembly.  He  is  not  ignorant  of  the  different  measures, 
which  his  predecessor  has  already  used,  and  he  can  only 
attribute  to  the  importance  and  the  difficulties  in  the 
arrangement  of  the  finances,  the  delays  which  have 
attended  these  subjects.  He  takes  the  liberty  more  es- 
pecially of  reminding  Congress  of  the  contents  of  a  note 
which  M.  Marbois  had  the  honor  to  present  to  them  the 
16th  May  last,  and  he  hopes  that  they  will  be  pleased  to 
observe  that  this  note,  as  well  as  the  preceding,  have 
been  constantly  delivered  by  his  Majesty's  order. 

OTTO. 


FROM  JOHN  JAY  TO  MONSIEUR  OTTO. 

Office  for  Foreign  Affairs,      ? 
November  30,  1785. 5 

Sir, 

I  have  received  the  letter  which  you  did  me  the  honor 
to  write  this  morning,  and  which  accompanied  a  note  of 
the  same  date.  They  shall  both  be  immediately  trans- 
lated and  laid  before  Congress.  The  importance  of  the 
several  subjects  stated  in  it,  as  well  as  the  delicate  man- 
ner in  which  they  are  handled,  cannot  fail  to  excite  their 
attention.  I  shall  do  myself  the  honor  of  communicating 


276         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

to  you,  the  result  of  their  deliberations  on  those  interesting 
affairs,  and  I  shall  always  be  happy  to  promote  every 
measure  which  may  tend  to  evince  the  justice  and  grati- 
tude of  my  country. 

With  great  esteem  and  consideration,  &c. 

JOHN  JAY. 


FROM  MONSIEUR  OTTO  TO  JOHN  JAT. 

Translation. 

New  York,  December  19,  1785. 
Sir, 

I  have  the  honor  to  address  to  you  herewith  a  brevet 
which  his  Majesty  has  been  pleased  to  grant  to  M.  de  la 
Foret,  for  discharging  with  the  United  States  in  Congress 
assembled,  the  functions  of  Vice  Consul  General,  and 
those  of  Vice  Consul  in  the  States  of  Pennsylvania  and 
Delaware.  These  two  employments  have  been  united 
through  the  supposition  that  Congress  would  establish  its 
residence  on  the  banks  of  the  Delaware.  But  the  abode 
of  this  assembly  at  New  York,  has  induced  M.  de  Mar- 
bois  to  demand  further  orders  from  the  Court.  The  Min- 
ister has  answered,  that  the  functions  of  the  Vice  Consul- 
ship of  Philadelphia,  having  already  been  exercised  by 
the  younger  brother  of  M.  Marbois,  when  the  removal  of 
Congress  had  led  this  Consul  General  to  New  York,  there 
was  no  inconvenience  in  leaving  the  brevet  to  subsist  as  it 
was,  and  to  acknowledge  M.  de  la  Foret  in  quality  of 
Vice  Consul  General  with  Congress.  This  circumstance, 
sir,  has  deferred,  for  four  months,  the  presenting  of  the 
brevet  which  I  have  the  honor  to  address  to  you.  I 


DIPLOMATIC  CORRESPONDENCE.  377 

request  that  you  will  be  pleased  to  have  it  agreed  to  by 
this  assembly,  and  send  me  the  resolutions  customary  in 
similar  cases. 

I  am,  with  respect,  &c. 

OTTO. 


FROM    JOHN   JAY    TO    THE    SIEUR  DE  LA  FORET. 

New  York,  January  10,  1786. 
Sir, 

I  have  the  honor  of  returning  to  you,  herewith  enclos- 
ed, the  brevet  appointing  you  Vice  Consul  General  of 
his  most  Christian  Majesty,  in  the  United  States,  and  on 
which  Congress  were  pleased,  the  6th  instant,  to  pass  an 
act,  of  which  a  certified  copy  is  also  enclosed. 
I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


Extract  from  the  Secret  Journal,  January  6th,  1786. 

"  On  a  report  of  the  Secretary  to  the  United  States  of 
America  for  the  Department  of  Foreign  Affairs,  to  whom 
was  referred  his  letter  of  the  29th  December,  enclosing  a 
letter  of  the  19th  of  that  month,  from  the  Charge 
d'Affaires  of  France,  with  a  brevet  of  the  22d  day  of 
June,  1785,  appointing  the  Sieur  de  la  Foret  Vice  Con- 
sul of  France  for  the  United  States, 

Whereas,  the  Sieur  de  la  Foret  has  presented  to  Con- 
gress a  brevet  from  his  most  Christian  Majesty,  bearing 
date  22d  day  of  June,  1785,  appointing  him  Vice  Consul 
General  in  the  United  States. 


278          JOHN  JAY—  SEC.  FOH  FOREIGN  AFFAIRS. 

Resolved,  That  the  Sieur  de  la  Foret  be,  and  he  here- 
by is  received  and  recognized  as  the  Vice  Consul  General 
of  his  most  Christian  Majesty  in  the  United  States;  and 
that  the  said  brevet  be  registered  in  the  Secretary's  office. 

Resolved,  That  all  the  privileges,  pre-eminences  and 
authority  belonging  to  said  character  and  quality,  are  due 
to  Sieur  de  la  Foret,  and  shall  be  enjoyed  by  him. 

Ordered,  That  a  certified  copy  of  the  above  resolu- 
tions be  transmitted,  by  the  Secretary  to  the  United  States 
of  America  for  the  department  of  Foreign  Affairs,  to  the 
said  Sieur  de  la  Foret,  and  also  to  the  Executive  of  each 
of  the  States,  for  their  information." 


FROM  THE  SIEUR  DE  LA  FORET  TO  JOHN  JAY. 

Translation. 

New  York,  January  11,  1786. 
Sir, 

I  have  the  honor  to  advise  you  of  the  receipt  of  the 
letter  which  you  wrote  to  me,  yesterday,  on  returning  my 
commission,  and  the  resolutions  of  Congress  respecting 
the  acknowledgement  of  my  character.  I  beg  that  you 
will  be  pleased  to  receive  ray  thanks. 

I  am,  with  respect,  &c. 

DE  LA  FORET. 


DIPLOMATIC  CORRESPONDENCE.  379 


FROM    JOHN    JAY    TO    MONSIEUR    OTTO. 

Office  for  Foreign  Affairs,     7 
March  6,  1786.  5 

Sir, 

Various  considerations,  arising  from  the  local  and  other 
circumstances  of  the  United  States,  induce  me  to  think 
that  the  4th  and  5th  articles  in  the  proposed  convention, 
for  regulating  the  intercourse  between  the  Post  Offices  of 
France  and  the  United  States,  will  not  be  expedient.  I 
have  the  honor  of  enclosing  a  plan,  which  being  less 
complicated,  would  in  my  opinion  be  more  easily  exe- 
cuted. 

It  will  give  me  pleasure  to  confer  with  you  on  this  sub- 
ject, whenever  it  may  be  convenient  to  you,  for  it  is  my 
wish  that  this  and  every  other  measure,  interesting  to 
both  countries,  may  be  so  concerted  and  conducted  as  to 
promise  the  most  satisfaction  to  each. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


PLAN  OF  A  CONVENTION  between  the  Post  Office  of 
France,  and  that  of  the  United  States  of  America, 
for  regulating  their  mutual  intercourse  and  correspon- 
dence. 

His  most  Christian  Majesty  having  authorized 

the  Director  of  the  Post  Office  of  France,  and  the 
United  States  having  authorized  Ebenezer  Hazard,  Esq. 
their  Postmaster  General,  to  form  and  conclude  such 
convention,  they  have  accordingly  agreed  upon  the  fol- 
lowing articles,  viz : 


280         JOHN  JAY— SEC.   FOR  FOREIGN  ATFAIRS. 

1st.  There  shall  be  maintained  on  both  sides,  a  good, 
constant,  and  mutual  correspondence  for  the  transmis- 
sion, reception,  and  distribution  of  letters,  despatches  and 
packets. 

2nd.  All  imposts,  postage  and  charges,  which  may  be 
due  on  letters  passing  from  the  Post  Offices  of  France  to 
those  of  the  United  States,  shall  be  paid  in  France,  and 
on  the  other  hand,  all  letters  passing  from  the  Post 
Offices  of  the  United  States  to  those  of  France,  shall  be 
paid  in  the  United  States.  That  is  to  say  no  French  or 
other  postage,  due  on  letters  coming  from  that  kingdom 
to  the  United  States,  shall  be  demanded  or  received  in  the 
United  States,  nor  any  American  postage,  due  on  letters 
going  from  the  United  States  to  France,  shall  there  be 
demanded  or  received.  The  packet  postage  on  letters, 
passing  by  packets,  to  or  from  France  and  the  United 
States,  to  belong  to  the  sovereign  whose  packet  shall 
carry  such  letters. 

3rd.  And  as  his  most  Christian  Majesty  has,  in  order  to 
promote  and  facilitate  the  intercourse  and  correspondence 
between  the  two  countries,  been  pleased  to  establish 
packets  at  L'Orient,  which  sail  once  a  month  from  that 
place  to  New  York.  It  is  agreed,  that  all  letters  intend- 
ed to  be  transmitted  from  L'Orient  to  New  York  by  the 
said  packets,  shall  be  put  up  into  a  mail  by  the  Post 
Office  at  L'Orient,  which  mail,  sealed  with  the  known 
and  acknowledged  seal  of  that  Post  Office,  and  directed  to 
the  Post  Office  at  New  York,  shall,  on  its  arrival  at 
New  York,  be  immediately  delivered  to  the  said  Post 
Office,  where  the  same  shall  be  opened  by  the  Post- 
master, in  the  presence  of  the  Consul  or  Vice  Consul  of 
France,  there  residing,  or  of  the  French  Agent  for  the 


DIPLOMATIC  CORRESPONDENCE.  281 

said  packets,  and  all  such  letters  as  may  be  found  therein 
franked  by  the  French  Ministers,  or  either  of  the  great 
Departments,  shall  be  immediately  delivered  to  the  said 
Consul,  Vice  Consul  or  agent,  to  be  forwarded  and  trans- 
mitted in  such  manner  as  he  or  they  may  think  proper. 
And  further,  that  whenever,  and  as  often  as  the  Post- 
master at  New  York  shall  receive  from  a  captain  of  one 
of  the  said  packets,  a  mail  so  put  up  and  directed,  and 
being  in  good  order,  he  shall  give  to  the  said  captain  a 
receipt  for  the  same,  mentioning  therein  the  name  of  the 
captain  and  packet  who  brought  it,  the  time  when  re- 
ceived, and  that  the  same  was  in  good  order. 

4th.  That  all  letters  intended  to  be  transmitted  from 
New  York  by  one  of  the  said  packets  to  L'Orient,  shall 
be  put  up  into  a  mail  by  the  Post  Office  at  New  York, 
which  mail,  sealed  with  the  known  and  acknowledged 
seal  of  the  said  Office,  and  directed  to  the  Post  Office 
at  L'Orient,  shall,  at  the  stated  times,  appointed  for  the 
sailing  of  a  packet,  be  delivered  by  the  said  Postmaster 
to  the  captain  thereof,  who  shall  thereupon  give  him  a 
receipt  for  the  same ;  specifying  when  he  received  it  and 
that  it  was  in  good  order. 

5th.  That  whenever  one  of  the  said  mails  shallarrive  at 
L'Orient,  and  be  delivered  to  the  Postmaster  there,  it 
shall  be  opened  in  the  presence  of  the  Consul,  Vice 
Consul,  or  Agent  of  the  United  States,  there  residing,  to 
whom  all  such  letters  found  therein  as  may  be  franked 
by  the  President  of  Congress  or  either  of  the  Ministers 
of  the  great  Departments,  shall  be  immediately  deliver- 
ed, and  they  shall  be  forwarded  and  transmitted  in  any 
manner  that  the  said  Consul,  Vice  Consul,  or  Agent  may 
think  proper.  But  they,  or  such  one  of  them,  to  whom 
VOL.  i.— 36 


282         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

the  said  letters  shall  be  so  delivered,  shall,  without  delay, 
give  a  proper  receipt  for  the  same  to  the  Post  Office. 

6th.  The  director  of  the  Post  Office  at  L'Orient,  and 
the  Postmaster  at  New  York,  shall,  with  every  mail, 
send  to  each  other  a  letter  of  advice,  specifying  the 
number  of  letters  enclosed  in  it,  which  said  letters  shall 
be  counted  on  the  opening  of  the  mail,  to  determine 
whether  the  number  received  be  the  same  with  the  num- 
ber sent. 


FROM  MONSIEUR  OTTO  TO  JOHN  JAY. 

Translation. 

New  York,  AprU  18,  1786. 
Sir, 

I  have  the  honor  to  address  to  you,  herewith,  a  note 
which  I  request  you  to  lay  before  Congress.  It  is  in  con- 
sequence of  the  pressing  orders  which  I  have  received  by 
the  last  packet.  I  make  no  doubt  but  that  the  impor- 
tance of  the  objects  it  contains,  will  induce  you  to  propose 
to  that  assembly,  to  take  them  into  consideration  as  soon 
possible. 

I  am,  with  respect,  &c. 

OTTO. 


Translation. 

New  York,  April  18,  1786. 

The  undersigned,  Charge  d' Affaires  of  France,  has 
received  express  orders  to  remind  Congress  that  a  Con- 
vention relating  to  the  functions  of  the  respective  Con.- 


DIPLOMATIC  CORRESPONDENCE.  283 

suls,  was  signed  between  his  Majesty  and  the  United 
States,  on  the  29th  July,  1784,  and  that  the  ratifications 
have  not,  as  yet,  been  exchanged.  The  King  being  de- 
sirous that  this  formality  should  be  no  longer  deferred,  on 
account  of  the  inconveniences  resulting  from  the  delay 
it  has  met  with,  requests  that  Congress  will  send  their 
ratification  to  Mr.  Jefferson  as  soon  as  possible,  to  be  ex- 
changed for  that  of  his  Majesty. 

The  undersigned  takes  the  liberty  to  observe,  that 
there  has  not,  as  yet,  been  any  answer  returned  to  the 
memorial  which  he  had  the  honor  to  present  to  Congress 
in  the  name  of  his  Majesty,  the  30th  of  November  last, 
of  the  contents  of  which  he  has  received  orders  to  remind 
this  assembly. 

OTTO. 


Report  of  Secretary  Jay,   relative  to  a  motion  of  the 
„    flow.   W.  Pinckney,  fyc. 

Office  for  Foreign  Affairs,      > 
March  9,  1786.  $ 

The  Secretary  of  the  United  States  for  the  Department  of 
Foreign  Affairs,  to  whom  was  referred  a  motion  of  the 
Hon.  W.  Pinckney,  in  the  words  following,  viz:  "  That 
the  Secretary  for  Foreign  Affairs  be  directed  to  inform 
the  Charge  d' Affaires  of  France,  that  Congress  have 
received  his  late  memorial.  That  the  subject  thereof, 
is  under  their  consideration,  and  that  they  will  use 
every  endeavor  in  their  power,  to  comply  fully  with 
their  public  engagements;"  Reports, 
That,  in  his  opinion,  it  will  always  be  more  proper  to 
convey  what  Congress  may  think  proper  to  communicate 
to  a  foreign  sovereign,  through  their  own  Minister,  at  his 


284         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

Court,  than  through  his  Minister,  residing  at  theirs. 
Wherefore,  your  Secretary  thinks  that  a  copy  of  the  me- 
morial in  question,  should  be  sent  to  Mr.  Jefferson,  with 
orders  to  assure  his  most  Christian  Majesty,  that  Congress 
are  using  their  utmost  endeavors  to  fulfil  all  their  engage- 
ments; and,  that  although  they  regard  all  the  public 
creditors  with  an  equal  eye,  yet  as  they  find  themselves 
particularly  called  upon  by  gratitude,  as  well  as  by  jus- 
tice, to  convince  his  Majesty  of  their  regard  for  both,  they 
are  determined  to  make  the  stipulated  payments  with  as 
much  punctuality  and  as  little  delay,  as  circumstances  not 
in  their  power  to  control,  may  permit. 

Your  Secretary  also  thinks  it  would  be  well  to  permit 
him  to  acquaint  M.  Otto  with  the  substance  of  the  above 
instruction,  that  he  may  be  relieved  from  the  anxiety 
which  the  apparent  silence  of  Congress,  on  the  subject, 
would  naturally  give  him. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


THE  SCHEME  OF  A  CONVENTION  between  his  most 
Christian  Majesty  and  the  United  States  of  North 
America,  for  defining  and  regulating  the  functions 
and  privileges  of  Consuls,  Vice  Consuls,  Agents  and 
Commissaries. 

The  most  Christian  King  and  the  United  States  of 
North  America  having,  by  the  29th  article  of  the  treaty 
of  amity  and  commerce  concluded  between  them,  granted 
mutually,  the  liberty  of  having  each,  in  the  ports  of  the 
other,  Consuls,  Vice  Consuls,  agents  and  commissaries) 


DIPLOMATIC  CORRESPONDENCE.  285 

and  being  willing  in  consequence  thereof,  to  determine 
and  fix  in  a  reciprocal  and  permanent  manner,  the  func- 
tions and  prerogatives  of  the  said  Consuls,  Vice  Consuls, 
agents  and  commissaries  respectively,  have  agreed  as 
follows : 

ARTICLE  i.  It  shall  be  the  duty  of  the  Consuls  of 
his  most  Christian  Majesty  to  present  their  commissions 
in  the  first  instance,  to  the  United  States  in  Congress 
assembled,  by  whom  an  act  shall  be  made  recognizing 
them  as  such.  This  act  shall  be  delivered  by  the  Con- 
suls to  the  Supreme  Executive  power  of  the  State  or 
States  to  which  they  may  be  sent.  Two  copies  of  the 
Exequatur,  that  is,  a  public  notification  of  the  quality  of 
the  Consuls,  shall  thereupon  issue  from  the  Supreme 
Executive  power,  without  fees  or  perquisites  of  office, 
and  to  be  retained  by  the  Consuls,  the  other  to  be  pub- 
lished in  one  or  more  gazettes.  This  being  done,  the 
pre-eminences,  authority  and  privileges,  stipulated  in  this 
convention,  shall  be  allowed  to  them  in  all  places,  before 
all  tribunals,  and  by  all  persons. 

ARTICLE  n.  The  Consuls  of  his  most  Christian 
Majesty,  and  of  the  United  States,  may  appoint  any 
number  of  Vice  Consuls  within  their  respective  depart- 
ments. Upon  the  notification  of  their  appointment  by 
the  Consuls,  to  the  Supreme  Executive  power  of  the 
State  to  which  they  may  be  sent,  the  Exequatur  shall  be 
applied  for,  and  delivered  by  the  several  States  to  them, 
in  the  same  manner  as  to  the  Consuls,  and  thereupon  all 
the  pre-eminences,  authority  and  privileges  stipulated  in 
this  convention  in  favor  of  Vice  Consuls,  shall  be  allowed 
in  all  places,  before  all  tribunals,  and  by  all  persons. 

ARTICLE  HI.  Consuls  and  Vice  Consuls  shall  be  sub- 


287          JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

jects  or  citizens  of  the  power  appointing  them,  and  inter- 
dicted from  all  traffic  or  commerce  for  their  own  or  others 
benefit. 

ARTICLE  iv.  Consuls  may  also  appoint  any  number 
of  agents  within  their  departments,  who  may  be  of  their 
own  nation  or  not,  at  pleasure.  They  shall  receive  a 
commission  from  the  Consul  appointing.  They  shall 
not  assume  any  pre-eminence,  authority  or  privilege  here- 
in granted  to  Consuls  or  Vice  Consuls,  nor  exact  any 
fees  or  reward  under  any  pretence  whatever.  But  they 
shall  confine  themselves  wholly  to  the  assistance  of  mer- 
chants, mariners  and  vessels,  and  giving  information 
respecting  them  to  the  nearest  Cousul  or  Vice  Consul. 

ARTICLE  v.  There  may  be  attached  to  the  Consulate, 
at  the  will  of  the  Consuls,  within  their  departments,  any 
number  of  persons.  Neither  the  papers  nor  houses  of 
Consuls  or  Vice  Consuls  shall  be  searched.  Consuls 
and  Vice  Consuls  shall  enjoy  full  and  entire  immunities 
for  their  persons  and  be  exempt  from  personal  service, 
public  offices,  finding  quarters  for  soldiers,  militia  duty, 
watch  ward,  guardianship,  attorneyship,  committeeship, 
and  from  all  duties,  taxes  and  imposts  whatsoever  on 
moveable  property  ;  but  shall  be  liable  in  respect  of  real 
and  landed  property  in  the  same  manner  as  the  subjects 
or  citizens  of  the  country.  The  arms  of  his  most  Chris- 
tian Majesty  or  of  the  United  States,  as  the  case  may  be, 
shall  be  placed  upon  the  outer  door  of  their  house,  and 
being  so  placed,  shall  entitle  the  house  to  the  exemptions 
aforesaid.  But  no  asylum  shall  be  thereby  obtained  for 
malefactors  or  criminals,  who  shall  be  delivered  up  im- 
mediately on  demand.  The  same  privileges  and  immu- 
nities, as  those  granted  in  this  fifth  article,  to  Consuls  and- 


DIPLOMATIC  CORRESPONDENCE.  287 

Vice  Consuls,  shall  be  granted  to  persons  attached  to  the 
consulate  and  living  under  the  same  roof  with  the  Consuls 
or  Vice  Consuls,  provided  approbation  shall  be  given  of 
their  number  and  appointment  by  the  Supreme  Execu- 
tive power  of  the  State  to  which  they  may  belong. 

ARTICLE  vi.  Consuls,  and  Vice  Consuls  in  places 
where  there  are  no  Consuls,  may  have  a  chapel  in  their 
houses  for  the  celebration  of  divine  service  according  to 
their  religious  profession.  And  his  most  Christian  Ma- 
jesty and  the  United  States  shall  cause  particular  care  to 
be  taken  that  no  obstacle  or  hindrance  be  thrown  in  the 
way  of  the  funeral  obsequies  or  ceremonies  observed 
towards  the  deceased  of  either  nation. 

ARTICLE  vn.  In  all  cases  in  which  it  may  be  neces- 
sary that  the  Consuls,  or  Vice  Consuls,  should  perform 
any  judicial  or  official  act,  the  public  bodies  or  the  per- 
sons in  public  authority  who  shall  require  such  act,  shall 
either  inform  them  thereof  in  writing  or  send  a  military 
or  civil  officer  with  a  verbal  message  respecting  it :  And 
the  Consuls  or  Vice  Consuls  shall,  on  their  part,  readily 
and  bona  fide  do  whatsoever  may  be  demanded  of  them 
on  these  occasions. 

ARTICLE  vm.  The  Consuls  and  Vice  Consuls  re- 
spectively, may  establish  a  chancery,  as  a  depositary  of 
the  Consular  acts  and  deliberations,  of  effects  left  by  the 
dead,  or  saved  from  shipwreck,  of  testaments,  obliga- 
tions, contracts,  and  all  other  acts  or  things  done  by  or 
between  people  of  their  nation.  They  may  appoint  the 
officers  of  the  chancery,  administer  to  them  an  oath  of 
office,  entrust  to  them  the  keeping  of  the  seal,  and  the 
right  of  affixing  the  same  to  commissions,  judgments  and 
other  consular  acts,  and  empower  them  to  discharge  the 
functions  of  notaries  and  registers. 


288         JOHN  JAY— SEC.   FOR  FOREIGN  AFFAIRS. 

ARTICLE  ix.  The  Consuls  and  Vice  Consuls  respec- 
tively, shall  have  the  exclusive  right  of  receiving  in  their 
chancery,  or  on  board  of  vessels  of  their  nation,  all  the 
declarations  and  other  acts  which  the  captains,  masters, 
seamen,  passengers  or  merchants  of  their  nation  shall 
think  proper  to  make  or  lodge  therein  ;  and  last  wills 
and  testaments,  and  copies  of  any  acts  duly  authenticat- 
ed by  the  Consuls  or  Vice  Consuls,  and  under  the  seal 
of  their  consulate,  shall  receive  full  faith  and  credit  in 
all  courts  of  justice,  as  well  in  France  as  in  the  United 
States.  They  shall  also  have  the  exclusive  right  of  in- 
ventoring  the  effects  of  those  of  their  nation,  who  may 
die  within  their  consulate,  liquidating  their  accounts  and 
selling  their  moveable  property.  They  shall  call  to 
their  assistance  in  this  business,  two  merchants  of  their 
own  nation,  and  of  their  own  choice,  and  cause  to  be 
deposited  in  the  chancery,  the  effects  and  papers  of  the 
deceased  of  their  own  nation,  without  being  interrupted 
therein  by  any  officer,  military,  judicial,  or  of  the  police. 
But  neither  the  Consuls  nor  Vice  Consuls  shall  deliver 
the  effects  of  the  deceased,  or  the  produce  of  the  sales, 
over  to  the  heir  or  lawful  successor,  or  his  representa- 
tive or  attorney,  until  all  the  debts  which  the  deceased 
shall  have  contracted  by  judgment,  act  or  bill,  shall  be 
discharged.  The  signature  or  hand  writing  and  genuine- 
ness thereof,  being  first  certified  by  two  merchants  of  the 
same  nation  with  the  deceased,  and  of  reputation.  In 
all  other  cases,  payment  of  no  debt  shall  be  made,  un- 
less the  creditor  shall  first  enter  into  a  bond,  with  one 
sufficient  surety  at  least,  who  is  a  resident  on  the  spot, 
for  the  return  of  all  moneys  unduly  received,  as  well  the 
principal  as  interest  and  costs.  The  surety  shall  not. 


DIPLOMATIC  CORRESPONDENCE.  289 

be  bound  beyond  one  year  in  time  of  peace,  and  two 
years  in  time  of  war.  If,  however,  within  those  terms, 
the  creditor  shall  call  upon  the  lawful  representative  or 
successor  to  the  property  of  the  deceased,  by  a  proper 
legal  process,  and  prove  his  title  to  the  money  so  receiv- 
ed, the  surety  shall  stand  discharged. 

ARTICLE  x.  The  Consuls  and  Vice  Consuls  respec- 
tively, shall  receive  the  declarations,*  consulats  or  other 
consular  acts  of  all  captains,  and  masters  of  their  respec- 
tive nations,  for  damages  received  at  sea,  by  leakage  or 
the  throwing  of  goods  overboard.  And  all  consulats,  or 
other  consular  acts,  made  by  them  in  foreign  ports  for 
accidents  during  the  voyage,  shall  be  lodged  in  the  chan- 
cery aforesaid.  If  a  subject  of  France  and  a  citizen  of 
the  United  States  be  jointly  interested  in  the  cargo,  the 
damage  shall  be  settled  by  the  tribunals  of  the  country, 
not  by  the  Consuls  or  Vice  Consuls.  But  where  sub- 
jects or  citizens  of  their  own  nation,  are  alone  interested, 
the  Consul  or  Vice  Consul  shall  then  choose  experienced 
persons  of  their  respective  nations,  to  settle  the  same. 

ARTICLE  xi.  In  every  case  of  a  wreck,  the  nearest 
Consul  or  Vice  Consul,  may  exercise  his  discretion  in  sav- 
ing the  vessel  WTecked,  with  her  cargo  and  appurtenances, 
and  in  storing  and  securing  what  is  saved ;  and  may  also 
take  an  inventory  thereof.  In  this  business,  no  officers 
of  the  customs,  of  justice,  of  the  police,  or  naval  officer, 
shall  interfere,  but  upon  application  made  to  them  for 
their  assistance;  in  which  case  they  shall  exert  them- 
selves in  the  most  effectual  manner.  To  prevent  all 
clashing  of  jurisdictions  in  case  of  shipwreck,  it  is  agreed, 
that  where  there  shall  be  no  Consul  or  Vice  Consul, 

*  Protests. 

VOL.  I.-—37 


290    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

or  they  may  be  more  distant  from  the  place  of  the 
accident,  than  the  judge  of  the  country  having  autho- 
rity in  such  cases,  this  judge  shall  immediately  proceed 
to  the  exercise  of  his  authority  according  to  law  ;  but 
shall  retire  upon  the  coming  of  a  Consul  or  Vice  Con- 
sul, into  whose  hands  he  shall  put  the  whole  business, 
rendering  an  account  of  his  transactions,  and  receiving 
from  the  Consul  or  Vice  Consul,  reimbursements  for  all 
expenses.  Whatsoever  is  saved  shall  be  lodged  in  the 
nearest  custom  house  or  naval  office  ;  or  where  there  is 
no  custom  house  or  naval  office,  in  the  nearest  place  of 
security,  with  an  inventory,  prepared  by  the  Consul  or 
Vice  Consul,  or,  in  their  absence,  by  the  judge  of  the 
country  as  aforesaid.  Upon  the  order  of  the  nearest 
Consul  or  Vice  Consul,  and  without  any  fees  or  perqui- 
sites for  storage,  when  lodged  in  public  stores,  the  owner 
may  reclaim  the  property  so  saved,  in  person  or  by  at- 
torney, and  may  either  re-export  the  same,  free  from  all 
duties  of  exportation,  or  sell  it  in  the  country,  if  goods 
of  such  a  quality  be  not  prohibited.  In  this  latter  case, 
of  a  sale  of  unprohibited  goods,  there  shall  be  an  abate- 
ment of  the  duties  on  importation,  in  proportion  to  the 
damages  sustained  by  the  shipwreck,  to  be  determined 
by  the  account  taken  by  the  Consul,  Vice  Consul,  or 
judge  of  the  country,  or  any  other  competent  officer  at 
the  time  of  the  accident. 

ARTICLE  xn.  The  Consuls  and  Vice  Consuls  shall 
have  on  board  of  the  vessels  of  their  respective  nations,  all 
power  and  jurisdiction  in  matters  of  a  civil  nature.  They 
shall  have  the  power  of  causing  the  laws,  regulations  and 
ordinances  of  their  respective  nations,  concerning  naviga- 
tion, to  be  observed  on  board  of  their  said  vessels.  For- 
this  purpose  they  shall  freely,  and  without  any  molestation 


DIPLOMATIC  CORRESPONDENCE.  291 

or  hindrance  from  any  officer  or  other  person,  visit  the 
said  vessels.  They  may  cause  to  be  arrested  and  se- 
questered, every  vessel  carrying  the  flag  of  their  respec- 
tive nations,  and  even  send  them  back  to  France  or  the 
United  States,  as  the  case  may  be,  as  well  as  arrest  any 
captain,  master,  seaman  or  passenger,  of  their  respective 
nations.  They  may  cause  to  be  arrested  and  detained 
in  the  country,  sailors  and  deserters  of  their  respective 
nations,  or  cause  them  to  be  transported  therefrom.  It 
shall  be  a  sufficient  evidence  of  the  sailors  and  deserters 
belonging  to  their  respective  nations,  if  their  names  ap- 
pear in  the  register  of  the  vessels,  or  the  roll  of  their 
crew.  Proof  being  thus  made  concerning  sailors  and 
deserters,  all  tribunals,  judges,  and  officers  whatsoever, 
shall  be  interdicted  and  disabled  from  taking  cognizance 
•in  any  manner  of  complaints  exhibited  by  such  sailors  or 
deserters.  But  they  shall  be  delivered  up  to  an  order 
signed  by  the  Consuls  or  Vice  Consuls,  without  being 
detained,  engaged,  or  withdrawn  in  any  manner.  That 
these  powers,  vested  in  Consuls  and  Vice  Consuls,  may 
be  completely  executed,  all  persons  in  authority  shall 
assist  them,  and  upon  a  simple  requisition  made  by  the 
Consuls  or  Vice  Consuls  in  writing,  shall  cause  to  be 
kept  in  prison  at  the  disposal  and  cost  of  the  Consuls  or 
Vice  Consuls,  the  sailors  and  deserters  so  arrested,  until 
an  opportunity  shall  be  presented  of  sending  them  out 
of  the  country. 

ARTICLE  xui.  All  offences  committed  in  France,  by 
a  citizen  of  the  United  States,  against  a  subject  of  his 
most  Christian  Majesty,  shall  be  enquired  into  and  punish- 
ed according  to  the  laws  of  France ;  and  those  committed 
in  any  one  of  the  United  States,  by  a  subject  of  his  most 


292         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

Christian  Majesty,  against  a  citizen  of  the  United  States, 
shall  be  enquired  into,  and  punished  according  to  the  laws 
of  such  State ;  but  offences  committed  in  France,  by  a 
citizen  of  the  United  States,  against  a  citizen  of  the 
United  States;  or  committed  in  any  one  of  the  United 
States,  by  a  subject  of  his  most  Christian  Majesty,  against 
a  subject  of  his  most  Christian  Majesty,  shall  be  subject 
to  the  jurisdiction  of  the  Consuls  and  Vice  Consuls  of 
France,  or  of  the  United  StateSj  as  the  case  may  be. 

ARTICLE  xiv.  All  differences  and  disputes  between 
the  subjects  of  his  most  Christian  Majesty,  in  the  United 
States,  or  between  the  citizens  of  the  United  States,  in 
France,  and  all  differences  and  disputes  concerning  com- 
merce between  the  subjects  of  his  most  Christian  Majes- 
ty, one  party  being  resident  in  France  or  elsewhere,  and 
another  in  the  United  States,  or  between  the  citizens  of 
the  United  States,  one  party  being  resident  in  the  United 
States  or  elsewhere,  and  another  in  France,  shall  be 
heard,  tried  and  decided  on  by  the  Consuls  or  Vice  Con- 
suls of  their  respective  nations,  either  by  referring  the 
same  to  arbitration,  or  by  making  a  decree  summarily, 
and  without  costs.  No  officer,  civil  or  military,  shall  in- 
termeddle or  interpose  herein  in  any  respect.  Appeals 
shall  be  carried  to  such  courts  as  have  been,  or  may  be 
appointed  by  his  most  Christian  Majesty  and  the  United 
States  respectively.  No  disputes  or  differences  between 
a  subject  of  his  most  Christian  Majesty,  and  a  citizen  of 
the  United  States,  shall  be  determined  or  taken  up  in 
any  manner  by  the  Consuls  or  Vice  Consuls,  but  shall  be 
decided  by  the  courts  of  the  country  in  which  the  defend- 
ant shall  be  found. 

ARTICLE  xv.     The  advantages  to  commerce  having 


DIPLOMATIC  CORRESPONDENCE.  293 

caused  the  erection  of  certain  tribunals  in  France,  and 
particular  forms,  for  the  speedy  determination  of  commer- 
cial matters,  the  merchants  of  the  United  States  shall  en- 
joy the  benefits  of  those  establishments  in  France :  and 
the  United  States,  in  Congress  assembled,  will  recom- 
mend to  the  Legislatures  of  the  several  States,  to  estab- 
lish equal  advantages  in  the  speedy  decision  of  causes  in 
favor  of  French  merchants  in  matters  of  the  same  nature. 

ARTICLE  xvi.  The  subjects  of  his  most  Christian 
Majesty,  and  the  citizens  of  the  United  States,  shall  be 
exempt  from  all  personal  services  in  the  place  of  their 
residence,  either  in  France  or  the  United  States,  as  the 
case  may  be.  Whensoever  any  person  in  France,  or  the 
United  States,  as  the  case  may  be,  shall  claim  any  privi- 
lege or  exemption  as  a  subject  of  his  most  Christian  Ma- 
jesty, or  of  the  United  States,  before  any  Judge,  tribunal, 
or  officer  whatsoever,  a  certificate  of  the  Consul  or  Vice 
Consul  of  the  district,  containing  his  name,  surname,  and 
the  place  of  his  residence,  and  the  affidavit  of  the  person 
claiming  such  privilege  or  exemption,  that  he  is  a  subject 
of  his  most  Christian  Majesty,  or  of  the  United  States,  as 
the  case  may  be,  shall  be  sufficient  evidence  thereof, 
unless  the  contrary  shall  manifestly  appear. 

ARTICLE  xvn.  Conformably  to  the  3rd  and  4th  arti- 
cles of  the  treaty  of  amity  and  commerce  between  his 
most  Christian  Majesty  and  the  United  States,  if  any 
other  nation,  by  virtue  of  any  Convention  whatsoever, 
shall  receive  greater  indulgence  either  in  France  or  in  the 
United  States,  with  regard  to  consular  powers,  privileges 
or  authority,  the  Consuls,  Vice  Consuls,  Agents  and 
Commissaries  of  France,  and  of  the  United  States,  as  the 
case  may  be,  shall  participate  therein. 


294          JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

CONVENTION  between  his  most  Christian  Majesty  and 
the  Thirteen  United.  States  of  North  America,  for 
the  purpose  of  determining  and  fixing  the  functions 
and  prerogatives  of  their  respective  Consuls,  Vice 
Consuls,  Agents  and  Commissaries. 

His  Majesty  the  Most  Christian  King,  and  the  thirteen 
United  States  of  North  America,  having,  by  the  29th 
article  of  the  treaty  of  amity  and  commerce,  concluded 
between  them,  mutually  granted  the  liberty  of  having,  in 
their  respective  States  and  ports,  Consuls,  Vice  Consuls, 
Agents  and  Commissaries,  and  being  willing  in  conse- 
quence thereof,  to  determine  and  fix,  in  a  reciprocal  and 
permanent  manner,  the  functions  and  prerogatives  of  the 
said  Consuls,  Vice  Consuls,  Agents  and  Commissaries, 
his  most  Christian  Majesty  has  nominated  the  Sieur 
Charles  Gravier,  Count  of  Vergennes,  Baron  of  Welferd- 
ing,  &c.  Counsellor  of  the  King  in  all  his  Councils, 
Commander  of  his  Orders,  head  of  the  Royal  Council  of 
Finances,  Counsellor  of  the  state  of  the  Sword,  Minister 
and  Secretary  of  State,  and  of  his  Commands  and  Fi- 
nances; and  the  United  States,  the  Sieur  Benjamin 
Franklin,  their  Minister  •  Plenipotentiary  to  his  most 
Christian  Majesty ;  who,  after  having  communicated  to 
each  other  their  respective  full  powers,  agreed  upon  what 
follows : 

ARTICLE  i.  The  Consuls  and  Vice  Consuls,  nomi- 
nated by  his  most  Christian  Majesty  and  the  United 
States,  shall  be  bound  to  present  their  commissions  on 
their  arrival  in  the  respective  States,  according  to  the 
form  which  shall  be  there  established.  There  shall  be 
delivered  to  them,  without  any  charges,  the  Exequatur 


DIPLOMATIC  CORRESPONDENCE.  $95 

necessary  for  the  exercise  of  their  functions ;  and  on  the 
exhibition  they  shall  make  of  the  said  Exequatur,  the  Go- 
vernors, Commanders,  heads  of  Justice,  public  bodies, 
tribunals,  and  other  officers  having  •  authority  in  the  ports 
and  places  of  their  consulates,  shall  cause  them  to  enjoy 
as  soon  as  possible  and  without  difficulty,  the  pre-emi- 
nences, authority  and  privileges  reciprocally  granted, 
without  exacting  from  the  said  Consuls  and  Vice  Consuls 
any  duty,  under  any  pretext  whatever. 

ARTICLE  n.  The  respective  Consuls  shall  have  pow- 
er to  establish  Vice  Consuls  in  the  different  ports  and 
places  of  their  departments,  where  necessity  shall  re- 
quire. There  shall  be  delivered  to  them  likewise,  the 
Exequatur  necessary  to  the  exercise  of  their  functions,  in 
the  form  pointed  out  by  the  preceding  article,  and  on  the 
exhibition  which  they  shall  make  of  the  said  Exequatur, 
they  shall  be  admitted  and  acknowledged  in  the  terms 
and  according  to  the  powers,  authority  and  privileges 
stipulated  by  the  1st,  4th  and  5th  articles  of  the  present 
convention. 

ARTICLE  in.  The  respective  Consuls  and  Vice  Con- 
suls may  establish  agents  in  the  different  ports  and 
places  of  their  departments  where  necessity  shall  re- 
quire. These  agents  may  be  chosen  among  the  mer- 
chants, either  national  or  foreign,  and  fuftiished  with 
a  commission  from  one  of  the  said  Consuls  :  It  shall 
be  their  business  respectively,  to  render  to  their  respec- 
tive merchants,  navigators  and  vessels,  all  possible  ser- 
vice, and  to  inform  the  nearest  Consul  or  Vice  Consul  of 
the  wants  of  the  said  merchants,  navigators  and  vessels, 
without  the  said  agents  otherwise  participating  in  the 
immunities,  rights  and  privileges  attributed  to  the  Consuls 


296         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

and  Vice  Consuls,  and  without  power  to  exact  from  the 
said  merchants  any  duty  or  emolument  whatever  under 
any  pretext  whatsoever. 

ARTICLE  iv.  The  Consuls  and  Vice  Consuls,  the 
officers  of  the  consulate,  and  in  general  all  persons  at- 
tached to  the  consular  function,  shall  enjoy  respectively, 
a  full  and  entire  immunity  for  their  persons,  their  papers, 
and  their  houses.  The  list  of  the  said  persons  shall  be 
approved  and  inspected  by  the  executive  power  of  the 
place  of  their  residence. 

They  shall  be  exempt  from  all  personal  service  and 
public  offices,  from  soldiers'  billets,  militia,  watchguard, 
guardianship  and  trusteeship,  as  well  as  from  all  duties, 
taxes,  impositions  and  charges  whatsoever,  except  the  real 
estates  of  which  they  may  be  proprietors,  which  shall  be 
subject  to  the  taxes  imposed  on  the  estates  of  all  other 
individuals. 

They  shall  place  over  the  outward  door  of  their  house 
the  arms  of  their  sovereign  without,  that  this  mark  of 
distinction  shall  give  to  the  said  house  the  right  of  asylum 
for  any  malefactor  or  criminal,  so  that  in  case  it  should 
happen  that  any  malefactor  or  criminal  takes  refuge  there, 
he  shall  instantly  be  delivered  up  on  the  first  requisition 
and  without  difficulty. 

ARTICLE  v.  Generally,  in  all  cases  whatever,  which 
concern  the  police  or  administration  of  justice,  where  it 
may  be  necessary  to  have  a  juridical  declaration  from  the 
said  Consuls  and  Vice  Consuls,  respectively,  the  gover- 
nors, commandants,  chief  justice,  public  bodies,  tribunals, 
or  other  officers  whatever  of  their  respective  residence 
there,  having  authority,  shall  be  bound  to  inform  them  of 
it,  by  writing  to  them,  or  sending  to  them,  a  military  or 


DIPLOMATIC  CORRESPONDENCE.  297 

civil  officer  to  let  them  know,  either  the  object  which  is 
proposed,  or  the  necessity  there  is  for  going  to  them  to 
demand  from  them  this  declaration;  and  the  said  Consuls 
and  Vice  Consuls  shall  be  bound  on  their  part  to  comply 
faithfully  with  what  shall  be  desired  of  them  on  these 
occasions. 

ARTICLE  vi.  The  Consuls  and  Vice  Consuls  respect- 
ively may  establish  a  chancery  where  shall  be  deposited 
the  consular  acts  and  deliberations,  all  effects  left  by 
deceased  persons,  or  saved  from  shipwreck,  as  well  as 
testaments,  obligations,  contracts,  and  in  general  all  the 
acts  and  proceedings  done  between,  or  by  persons  of 
their  nation. 

They  may  in  consequence  appoint  for  the  business  of 
the  said  chancery  capable  persons,  receive  them,  admin- 
ister an  oath  to  them,  give  to  them  the  keeping  of  the 
seal,  and  the  right  of  sealing  commissions,  judgments 
and  other  acts  of  the  consulate,  as  well  as  there  to  dis- 
charge the  functions  of  notaries  and  registers. 

ARTICLE  vn.  The  Consuls  and  Vice  Consuls  re- 
spectively shall  have  the  exclusive  right  of  receiving  in 
their  chancery,  or  on  board  of  vessels,  the  declarations 
and  all  the  other  acts  which  the  captains,  masters,  sea- 
men, passengers,  and  merchants  of  their  nation  would 
make  there,  even  their  testaments,  and  other  dispositions 
of  last  will ;  and  the  copies  of  the  said  acts,  duly  authen- 
ticated by  the  said  Consuls  or  Vice  Consuls,  and  under 
the  seal  of  their  consulate,  shall  receive  faith  in  law  in 
all  the  tribunals  of  France  and  the  United  States. 

They  shall  have  also,  and  exclusively  the  right  to  in- 
ventory, liquidate,  and  proceed  to  the  sale  of  the  movea- 
ble  effects  of  the  estates  left  by  subjects  of  their  nation, 
VOL. 


298         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

who  shall  die  wilhin  the  extent  of  their  consulate :  They 
shall  proceed  therein  with  the  assistance  of  two  mer- 
chants of  their  said  nation,  of  their  own  choosing,  and 
shall  deposit  in  their  chancery,  the  effects  and  papers  of 
the  said  estates,  and  no  officer,  military  or  civil,  or  of  the 
police  of  the  country,  shall  trouble  them,  or  interfere 
therein,  in  any  manner  whatsoever  :  But  the  said  Consuls 
and  Vice  Consuls  shaft  not  deliver  up  the  same,  and  their 
product  to  the  lawful  heirs  or  their  attorneys,  until  they 
shall  have  discharged  all  the  debts  which  the  deceased 
shall  have  contracted  in  the  country,  by  judgment,  by 
acts  or  by  notes,  the  writing  and  signing  of  which  shall 
be  known  and  certified  by  two  principal  merchants  of  the 
nation  of  the  said  deceased,  and  in  all  other  cases  the 
payment  of  debts  cannot  be  ordered  but  on  the  creditors 
giving  sufficient  and  local  security  to  repay  the  sums  un- 
duly received,  principal,  interest,  and  costs;  which  secu- 
rities however  shall  remain  duly  discharged  after  a  year 
in  time  of  peace,  and  two  years  in  time  of  war,  if  the 
demand  in  discharge  cannot  be  formed  before  these  delays 
against  the  heirs  which  shall  present  themselves. 

ARTICLE  vm.  The  respective  Consuls  and  Vice  Con- 
suls shall  receive  the  declarations,  "consulats,"  and  other 
consular  acts  from  all  captains  and  masters  of  their  re- 
spective nations,  on  account  of  average,  losses  sustained 
at  sea,  by  leakage,  or  throwing  merchandize  overboard, 
and  these  captains  and  masters  shall  leave  in  the  chan- 
cery of  the  said  Consuls  and  Vice  Consuls,  the  "consu- 
lats" and  other  consular  acts  which  they  may  have  had 
made  in  other  ports  on  account  of  the  accidents  which 
may  have  happened  to  them  on  their  voyage.  If  a  sub- 
ject of  his  most  Christian  Majesty,  and  a  citizen  of  the 


DIPLOMATIC  CORRESPONDENCE.  299 

United  States  are  interested  in  the  said  cargo  the  average 
shall  be  fixed  by  the  tribunals  of  the  country  and  not  by 
the  Consuls  or  Vice  Consuls ;  and  the  tribunals  shall 
admit  the  acts  and  declarations,  if  any  should  have  been 
passed  before  the  said  Consuls  and  Vice  Consuls;  but 
when  only  the  subjects  of  their  own  nation,  or  foreigners 
shall  be  interested,  the  respective  Consuls  or  Vice  Con- 
suls, and  in  case  of  their  absence  or  distance,  their 
agents  furnished  with  their  commission,  shall  officially 
nominate  skilful  persons  of  their  said  nation  to  regulate 
the  damages  and  averages. 

ARTICLE  ix.  In  case  by  storm  or  other  accidents, 
French  ships  or  vessels  shall  run  ashore  on  the  coasts  of 
the  United  States,  and  the  ships  and  vessels  of  the  United 
States  shall  run  ashore  on  the  coasts  of  France,  the  Con- 
sul or  Vice  Consul  nearest  to  the  place  of  shipwreck, 
shall  do  whatever  he  may  judge  proper,  as  well  for  the 
purpose  of  saving  the  said  ship  or  vessel,  its  cargo  and 
appurtenances,  as  for  the  storing  and  security  of  the 
effects  and  merchandize  saved.  He  may  take  an  inven- 
tory, without  any  officers  military,  of  the  custom  house, 
justices,  or  the  police  of  the  country  interfering,  otherwise 
than  to  facilitate  to  the  Consuls,  Vice  Consuls,  captain 
and  crew  of  the  vessel  shipwrecked  or  run  ashore,  all  the 
assistance  and  favor  which  they  shall  ask,  either  for  the 
celerity  and  security  of  the  salvage  and  effects  saved,  or 
to  prevent  all  disturbances. 

To  prevent  even  any  kind  of  dispute  and  discussion  in 
the  said  cases  of  shipwreck — It  has  been  agreed,  that 
where  no  Consul  or  Vice  Consul  shall  be  found  to  attend 
to  the  salvage,  or  that  the  residence  of  the  said  Consul 
or  Vice  Consul  (he  not  being  at  the  place  of  shipwreck) 


300         JOHN  JAY—SEC.  FOR  FOREIGN  AFFAIRS. 

shall  be  further  distant  from  the  said  place  than  that  of 
the  corppetent  territorial  judge,  the  latter  shall  immedi- 
ately there  proceed  therein  with  all  the  celerity,  safety 
and  precautions  prescribed  by  the  respective  laws;  but 
the  said  territorial  judge  shall  retire  on  the  coming1  of  the 
Consul  or  Vice  Consul,  and  shall  resign  to  him  the  pro- 
cedures by  him  done,  the  expences  of  which  the  Consul 
or  Vice  Consul  shall  cause  to  be  reimbursed  to  him. 

The  merchandize  and  effects  saved,  shall  be  deposited 
in  the  custom  house  or  other  nearest  place  of  safety,  with 
the  inventory  of  them,  which  shall  be  made  by  the  Con- 
sul or  Vice  Consul,  or,  in  their  absence,  by  the  judge, 
who  shall  have  had  cognizance  thereof,  and  the  said 
merchandizes  and  effects  shall  be  afterwards  delivered, 
after  levying  therefrom  the  costs,  and  without  form  of 
process  to  the  proprietors,  who,  being  furnished  with  a 
replevy  from  the  nearest  Consul  or  Vice  Consul,  shall 
reclaim  them  by  themselves,  or  by  their  attorneys,  either 
for  the  purpose  of  re-exporting  the  merchandizes,  and  in 
that  case,  they  shall  pay  no  kind  of  duties  of  exportation ; 
or  for  the  purpose  of  selling  them  in  the  country,  if  they 
are  not  prohibited  ;  and  in  this  latter  case,  the  said  mer- 
chandizes being  averaged,  there  shall  be  granted  them  an 
abatement  of  the  entrance  duties  proportioned  to  the  da- 
mage sustained,  which  shall  be  ascertained  by  the  verbal 
process  formed  at  the  time  of  the  shipwreck,  or  of  the 
vessels  running  ashore. 

ARTICLE  x.  The  Consuls  and  Vice  Consuls  shall 
have  on  board  of  the  vessel  of  their  respective  nations, 
full  power  and  jurisdiction  in  matters  civil.  They  shall 
cause  to  be  executed  the  respective  laws,  ordinances  and 
rules,  concerning  navigation,  on  board  of  the  said  vessels,- 


DIPLOMATIC  CORRESPONDENCE.  3Q1 

and  for  this  purpose  they  shall  go  there  without  being  in- 
terrupted by  any  officer  or  other  person  whatsoever. 

They  may  cause  to  be  arrested  every  vessel  carrying 
the  flag  of  their  respective  nation ;  they  may  sequester 
them,  and  even  send  them  back  respectively,  from  the 
United  States  to  France,  or  from  France  to  the  United 
States ;  they  may  cause  to  be  arrested,  without  difficulty, 
every  captain,  master,  sailor  or  passenger  of  their  said 
respective  nation. 

They  may  cause  to  be  arrested,  or  detained  in  the 
country,  the  sailors  and  deserters  of  their  respective  na- 
tions, or  send  them  back  or  transport  them  out  of  the 
country. 

It  shall  be  a  sufficient  proof  that  the  sailors  and  de- 
serters belong  to  one  of  the  respective  nations,  that  their 
names  be  written  in  the  ship's  register,  or  inserted  in  the 
roll  of  the  crew. 

One  and  the  other  of  these  proofs  concerning  sailors 
and  deserters  being  thus  given,  no  tribunals,  judges  or 
officers  whatsoever,  shall,  in  any  manner  whatever,  take 
cognizance  of  the  complaints  which  the  said  sailors  and 
deserters  may  make,  but  they  shall,  on  the  contrary,  be 
delivered  up  on  an  order  signed  by  the  Consul  or  Vice 
Consul,  without  its  being  in  any  one's  power,  in  any  man- 
ner to  detain,  engage  or  withdraw  them.  And  to  attain 
to  the  complete  execution  of  the  arrangements  contained 
in  this  article,  all  persons  having  authority  shall  be  bound 
to  assist  the  said  Consuls  or  Vice  Consuls,  and  on  a 
simple  requisition  signed  by  them,  they  shall  cause  to  be 
detained  and  guarded  in  prison  at  the  disposal  and  ex- 
pense of  the  said  Consuls  and  Vice  Consuls,  the  said 
sailors  and  deserters,  until  they  shall  have  an  opportunity 
to  send  them  out  of  the  country. 


302         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

ARTICLE  xi.  In  cases  where  the  respective  subjects 
shall  have  committed  any  crime,  they  shall  be  amenable 
to  the  judges  of  the  country. 

ARTICLE  xn.  All  differences  and  suits  between  the 
subjects  of  his  most  Christian  Majesty  settled  in  the 
United  States,  or  between  the  citizens  and  subjects  of  the 
United  States  settled  in  France,  and  all  differences  and 
suits  concerning  commerce,  between  the  subjects  of  his 
most  Christian  Majesty,  and  one  of  the  parties  residing 
in  France  or  elsewhere,  and  the  other  in  the  United 
States,  or  between  the  citizens  and  subjects  of  the  United 
States,  one  of  the  parties  residing  in  the  United  States 
or  elsewhere,  and  the  other  in  France,  shall  be  deter- 
mined by  the  respective  Consuls,  either  by  a  reference 
to  arbitration,  or  by  a  summary  judgment  and  without 
costs. 

No  officer,  civil  or  military,  shall  interfere  or  take  any 
part  whatever  in  the  affair:  Appeals  shall  be  carried  be- 
fore the  tribunals  of  France  or  the  United  States,  to 
whom  it  may  appertain  to  take  cognizance  thereof.  The 
Consuls  or  Vice  Consuls  shall  not  take  cognizance  «of 
disputes  or  differences,  which  shall  arise  betwixt  a  subject 
of  his  most  Christian  Majesty  and  a  citizen  of  the  United 
States ;  but  the  said  disputes  shall  be  brought '  before  the 
tribunals  to  which  the  defendant  shall  be  amenable. 

ARTICLE  xm.  The  general  utility  of  commerce 
having  caused  to  be  established  in  France,  tribunals  and 
particular  forms  to  accelerate  the  decision  of  commercial 
affairs,  the  merchants  of  the  United  States  shall  enjoy 
the  benefit  of  these  establishments  in  France,  and  the 
Congress  of  the  United  States  shall  recommend  to  the 
Legislatures  of  the  different  States  to  provide  equivalent 


DIPLOMATIC  CORRESPONDENCE.  3Q3 

advantages  in  favor  of  the  French  merchants,  for  the 
prompt  despatch  and  decision  of  affairs  of  the  same 
nature. 

ARTICLE  xiv.  The  subjects  of  his  most  Christian 
Majesty,  and  those  of  the  United  States,  who  shall  prove 
that  they  belong  to  the  body  of  their  respective  nations, 
by  the  certificate  of  the  Consul  or  Vice  Consul  of  the 
districts,  mentioning  their  names,  surnames  and  place  of 
their  settlement,  as  inscribed  in  the  registers  of  the  con- 
sulate, shall  not  lose,  for  any  cause  whatever,  in  the  re- 
spective domains  and  States,  the  quality  of  subjects  of 
the  country  of  which  they  originally  were,  conformably 
to  the  llth  article  of  the  treaty  of  amity  and  commerce, 
of  the  6th  February,  1778,  of  which  the  present  article 
shall  serve  as  an  interpretation  in  case  of  necessity,  and 
the  said  subjects  respectively  shall  enjoy,  in  consequence, 
exemption  from  all  personal  service  in  the  place  of  their 
settlement. 

ARTICLE  xv.  If  any  other  nation  acquires,  by  virtue 
of  any  Convention  whatever,  either  in  France  or  in  the 
United  States,  a  treatment  more  favorable  with  respect  to 
the  consular  pre-eminences,  powers,  authority  and  privi- 
leges, the  Consuls,  Vice  Consuls,  and  agents  of  his  most 
Christian  Majesty,  or  the  United  States,  reciprocally  shall 
participate  therein,  agreeable  to  the  terms  stipulated 
therein,  agreeable  to  the  terms  stipulated  by  the  2d,  3d 
and  4th  articles  of  the  treaty  of  amity  and  commerce, 
concluded  between  his  most  Christian  Majesty  and  the 
United  States. 

ARTICLE  xvi.  The  ratification  of  the  present  Con- 
vention shall  be  given  in  proper  form,  and  exchanged  on 
both  sides,  within  the  space  of  six  months,  or  sooner  if 
possible. 


304         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

In  faith  whereof,  we,  the  underwritten  Ministers  Pleni- 
potentiaries of  his  most  Christian  Majesty  and  the  United 
States  of  North  America,  have  signed  the  present  Con- 
vention, and  have  thereto  affixed  the  seal  of  our  arms. 

Done  at  Versailles,  the  29th  July,  one  thousand  seven 
hundred  and  eighty  four. 

GRAVIER  DE  VERGENNES, 
B.  FRANKLIN. 
Faithfully  translated  from  the  original,  by 

JOHN  PINTARD. 


Report  of  Secretary  Jay,  respecting  French  and  Ame- 
rican Consuls. 

Office  for  Foreign  Affairs,     > 
July  4,  1786.  5 

The  Secretary  of  the  United  States,  for  the  Department 
of  Foreign  Affairs,  to  whom  was  referred  a  copy  of 
the  Convention  respecting  French  and  American  Con- 
suls, reports, 

That  the  Convention,  of  which  the  abovementioned 
is  a  copy,  having  been  formally  executed  by  French  and 
American  Plenipotentiaries,  nothing  is  wanting  to  perfect 
that  compact  but  the  ratifications  specified  in  the  16th 
article. 

The  only  question,  therefore,  that  remains  to  be  de- 
cided is,  whether  Congress  ought  to  ratify  this  Conven- 
tion. 

To  decide  this  question  properly  it  appears  necessary, 

1st.  To  recur  to  the  powers  and  instructions  given  to 

their  Minister  on  this  subject,  and  enquire  whether  he  has 


DIPLOMATIC  CORRESPONDENCE.  3Q5 

pursued  them  essentially,  and  2nd,  whether,  in  case  of  de- 
viations, they  are  of  such  a  nature  as  to  justify  a  refusal 
to  ratify.  • 

It  is  to  be  observed  that,  on  the  25th  January,  1782, 
Congress  Resolved,  that  the  Minister  Plenipotentiary 
of  the  United  States  at  the  Court  of  Versailles  be,  and 
is  hereby  authorized  and  instructed,  to  enter  into  a  Con- 
vention with  his  most  Christian  Majesty,  on  the  part  of 
the  United  States,  for  the  establishment  of  consular  pow- 
ers and  privileges,  according  to  the  scheme  hereunto  sub- 
joined, unless  it  shall  be  deemed  by  his  most  Christian 
Majesty,  more  expedient  that  the  same  should  be  exe- 
cuted in  the  United  States. 

That  the  said  Minister  Plenipotentiary  use  his  discre- 
tion as  to  the  words  or  arrangement  of  the  Convention, 
confining  himself  to  the  matter  thereof  in  all  respects, 
except  as  to  so  much  of  the  6th  article  as  relates  to  the 
erection  of  a  chapel,  taking  care  that  reciprocal  provision 
be  made  for  the  recognition  of  the  Consuls  and  Vice 
Consuls  of  the  United  States,  and  for  the  admission  of 
persons  attached  to  the  consulate  to  the  privileges  stipu- 
lated in  the  5th  article,  hi  a  manner  most  conducive  to 
expedition  and  freest  from  difficulty. 

This  is  the  only  instruction,  as  well  as  the  only  authori- 
ty, given  on  the  subject  to  the  American  Minister,  that 
your  Secretary  finds. 

SCHEME  TITLE.  CONVENTION  TITLE. 


Convention  between  bis  most 
Christian  Majesty  and  the  United 
States  of  North  America,  for  de- 
fining and  regulating  the  func- 
tions and  privileges  of  Consuls, 
Vice  Consuls,  agents,  and  com- 


missaries. 


Convention  between  his  most 
Christian  Majesty  and  the  THIR- 
TIES- United  States  of  North 
America,  for  the  purpose  of  de- 
termining and  fixing  the  func- 
tions and  prerogatives  of  their 
respective  Consuls,  Vice  Con- 


suls, agents,  and  commissaries. 
VOL.  i.— 39 


306    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 


The  style  of  the  Confederacy  being  "  The  United 
States  of  America,"  the  scheme  and  the  Convention  are 
both  erroneous  so  far  as  they  both  add  the  word  "North". 
But  the  title  of  the  Convention  departs  essentially  from 
that  of  the  scheme,  inasmuch  as  it  limits  the  compact  to 
the  thirteen  United  States  of  America,  and  consequently 
excludes  from  it  all  such  other  States  as  might,  before 
the  ratification  of  it,  or  in  future,  be  created  by,  or  be- 
come parties  to,  the  Confederacy ;  whereas,  the  words  in 
the  title  of  the  scheme  United  States  of  North  America, 
would,  if  used,  have  comprehended  them  all. 


SCHEME. 

AHTICLE  i.  It  shall  be  the  du- 
ty of  the  Consuls  of  his  most 
Christian  Majesty,  to  present  their 
commissions  in  the  first  instance 
to  the  United  States,  in  Congress 
assembled,  by  whom  an  act  shall 
be  made,  recognizing  them  as 
such.  This  act  shall  be  deliver- 
ed by  the  Consuls  to  the  Su- 
preme Executive  power  of  the 
State  or  States,  to  which  they 
may  be  sent. 

TVo  copies  of  the  Exequatur 
(that  is,  a  public  notification  of 
the  quality  of  the  Consuls)  shall 
thereupon  issue  from  the  Su- 
preme Executive  power,  with- 
out fees  or  perquisites  of  office  ; 
one  to  be  retained  by  the  Con- 
suls, the  other  to  be  published  in 
one  or  more  gazettes.  This 
being  done,  the  pre-eminences, 
8tc.  shall  be  allowed  to  them, 
Sec. 

The  Scheme  expressly  directs  that  their  commissions 
shall,  in  the  first  instance,  be  presented  to  Congress,  but 
the  Convention,  by  omitting  this,  seems  to  intend  some- 
thing else.  It  indeed  directs  that  they  shall  present 
their  commissions  on  their  arrival  in  the.  respective 


CONVENTION. 

ARTICLE  i.  The  Consuls  and 
Vice  Consuls,  nominated  by  his 
most  Christian  Majesty  and  the 
United  States,  shall  be  bound  to 
present  their  commissions  on  their 
arrival  in  the  respective  States, 
according  to  the  form  which  shall 
be  there  established.  There  shall 
be  delivered  to  them,  without 
any  charges,  the  Exequatur  ne- 
cessary for  the  exercise  of  their 
functions;  and,  on  the  exhibi- 
tion they  shall  make  of  the  Exe- 
quatur, the  Governor,  &c.  hav- 
ing authority  in  the  ports  and 
places  of  their  consulates,  shall 
cause  them  to  enjoy,  as  soon  as 
possible,  and  without  difficulty, 
the  pre-eminences,  &c. 


DIPLOMATIC  CORRESPONDENCE. 


307 


States,  according  to  the  form,  "qui  s'y  trouvera  etablie," 
which  shall  be  there  found  established,  but  whether 
established  by  the  State  or  by  Congress,  is  undecided. 

The  second  articles  in  both  appear  to  be  alike  in  sub- 
stance. 

SCHEME.  CONVENTION. 

ABTICLK  in.  Consuls  or  Vice 
Consuls  shall  be  subjects  or  citi- 
zens of  the  power  appointing 
them,  and  interdicted  from  all 
traffic  or  commerce  for  their 
own,  or  another's  benefit 

This  article  is  wholly  omitted  in  the  Convention,  and 
that  omission  is  an  essential,  though  perhaps  not  in  itself, 
a  very  important  deviation  from  the  Scheme. 

.  The  fourth  article  in  the  Scheme,  and  the  third  in  the 
Convention,  respecting  agents,  differ  essentially  only  in 
this,  that  the  former  has  these  words :  "  Nor  exact  any 
"  fees  or  reward  under  any  pretence  whatever,"  whereas 
the  latter  seems  to  limit  that  prohibition  by  these  words  : 
"  and  without  power  to  exact  from  the  said  merchants 
"  any  duty  or  emoluments  whatever,  under  any  pretext 
"  whatsoever." 

The  fifth  article  in  the  Scheme,  and  the  fourth  article 
in  the  Convention,  have  no  material  difference. 

SCHEME.  CONVENTION. 

ARTICLE  vi.  Consuls,  (and  Vice 
Consuls  in  places  where  there 
are  no  Consuls)  may  have  a 
chapel  in  their  houses,  for  the 
celebration  of  Divine  sen-ice, 
according  to  their  religious  pro- 
fession ;  and  his  most  Christian 
Majestj  and  the  United  States 
shall  cause  particular  care  to  be 
taken,  that  no  obstacle  or  hind- 
rance be  thrown  in  the  way  of 
the  funeral  obsequies  or  ceremo- 
nies observed  towards  the  de- 
ceased of  either  nation. 


308         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 


.This  article  is  omitted  in  the  Convention.  By  the 
instruction  given  to  the  Minister,  that  matter  seems  to 
have  been  left  to  his  discretion.  The  omission,  how- 
ever, appears  important  to  your  Secretary,  from  this 
consideration,  that  although  the  Catholic  religion  may 
be  freely  and  publicly  professed  and  exercised  in  the 
United  States,  yet  the  Protestant  religion  has  no  legal 
toleration  in  France.  This  omission,  therefore,  is  a  de- 
parture from  the  line  of  reciprocity. 

The  seventh  article  in  the  Scheme,  and  the  fifth  in  the 
Convention,  are  much  alike. 

The  eighth  article  in  the  Scheme,  and  the  sixth  in  the 
Convention,  are  similar. 

The  ninth  article  in  the  Scheme,  and  the  seventh 'in 
the  Convention,  also  correspond. 

CONVENTION. 

Extract  from  the  eighth  article 

on  average. 

If  a  subject  of  his  most 
Christian  Majesty,  and  a  citizen 
of  the  United  States,  are  inter- 
ested in  the  said  cargo,  the  aver- 
age shall  be  fixed  by  the  tribu- 
nals of  the  country,  and  not  by 
the  Consuls  or  Vice  Consuls, 
and  the  tribunals  shall  admit  the 
ads  and  declarations,  if  any 
should  have  been  passed  before 
the  said  Consuls  and  Vice  Consuls. 


SCHEME. 

Extract  from  the  tenth  article 
on  average. 

If  a  subject  of  France,  and 
a  citizen  of  the  United  States, 
be  jointly  interested  in  the  car- 
go, the  damage  shall  be  settled 
by  the  tribunals  of  the  country, 
not  by  the  Consuls  or  Vice  Con- 
suls. 

But  where  subjects,  citizens 
of  their  own  nation  are  alone  in- 
terested, the  Consul  or  Vice 
Consul  shall  then  choose  experi- 
enced persons  of  their  respec- 
tive nations  to  settle  the  same. 


But  when  only  the  subjects  of 
their  own  nation  or  foreigners 
shall  be  interested,  the  respec- 
tive Consuls  or  Vice  Consuls, 
and  in  case  of  their  absence  or 
distance,  their  agents,  furnished 
with  their  commission,  shall  offi- 
cially nominate  skilful  persons 
of  their  said  nation  to  regulate 
the  damages  and  averages. 

The  Convention  here  appears  to  differ  materially  from 
the  Scheme  in  three  respects,  1st.  as  it  provides  for  the 


DIPLOMATIC  CORRESPONDENCE. 


309 


admission  in  evidence  by  our  tribunals,  of  acts  and  declara- 
tions passed  before  Consuls  and  Vice  Consuls  respecting 
the  matter  in  controversy,  and  consequently  opens  a  door 
to  ex  parte  affidavits.  2nd.  The  Scheme  confines  the 
jurisdiction  of  Consuls  and  Vice  Consuls  to  cases  where 
none  but  their  own  people  are  concerned  ;  whereas  the 
Convention  extends  it  to  foreigners.  3rd.  The  Scheme 
authorizes  none  but  Consuls  or  Vice  Consuls  to  appoint 
persons  to  settle  the  damages  in  question ;  but  the  Con- 
vention makes  an  ulterior  provision,  and  authorizes  their 
agents  ex  officio  to  do  it  in  certain  cases. 

The  eleventh  article  in  the  Scheme,  and  the  ninth  in 
the  Convention,  are  not  materially  different. 

CONVENTION. 

Extract  from  Wth  Article, 
They  may  cause  to  be  ar- 
rested every  vessel  carrying1  the 
flag  of  their  respective  nations, 
they  may  sequester  them  and 
even  send  them  back  respectively 
from  the  United  States  to  France, 
or  from  France  to  the  United 
States.  They  may  cause  to  be 
arrested  without  difficulty  every 
captain,  master,  sailor  or  passen- 
ger of  their  said  respective  na- 
tions. They  may  cause  to  be  ar- 
rested and  detained  in  the  coun- 
try the  sailors  and  deserters  of 
their  respective  nations,  or  send 
them  back  or  transport  them  out 
of  the  country. 

These  articles  differ  in  these  respects.  The  Scheme 
does  not  authorize  the  Consuls  to  send  vessels  back;  but 
the  Convention  does.  The  Scheme  does  not  authorize 
them  to  arrest  captains  and  masters  of  vessels;  but  the 
Convention  does.  The  Scheme  does  not  authorize  them 
to  arrest  passengers ;  but  the  Convention  does. 


SCHEME. 

Extract  from   12th  Article. 

They  (Consuls  and  Vice  Con- 
suls) may  cause  to  be  arrested 
and  sequestered,  every  vessel  car- 
rying the  flag  of  their  respective 
nations.  They  may  cause  to  be 
arrested  and  detained  in  the 
country,  sailors  and  deserters  of 
their  respective  nations  or  cause 
them  to  be  transported  there- 
from. 


310         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 


SCHEME.  CONVENTION. 

13th  Article.  llth  Article. 

All  offences  committed  in  In  cases  where  the  respective 
France  by  a  citizen  of  the  United  subjects  shall  have  committed 
States  against  a  subject  of  his  any  crime,  they  shall  be  amena- 
most  Christian  Majesty,  shall  be  ble  to  the  judges  of  the  country 
inquired  into  and  punished  ac- 
cording to  the  laws  of  France  ; 
those  committed  in  any  one  of 
the  United  States  by  a  subject  of 
his  most  Christian  Majesty,against 
a  citizen  of  the  United  States, 
shall  be  inquired  into  and  pun- 
ished according  to  the  laws  of 
such  State.  But  offences  com- 
mitted in  France  by  a  citizen  of 
the  United  States  against  a  citi- 
zen of  the  United  States,  or  com- 
mitted in  any  one  of  the  United 
States  by  a  subject  of  his  most 
Christian  Majesty  against  a  sub- 
ject of  his  most  Christian  Majes- 
ty, shall  be  subject  to  the  juris- 
diction of  the  Consuls  and  Vice 
Consuls  of  France,  or  the  United 
States  as  the  case  may  be. 

These  two  articles  differ  in  this,  that  the  one  in  the 
Scheme  gives  cognizance  of  certain  offences  to  the  Con- 
suls and  Vice  Consuls,  but  the  one  in  the  Convention 
gives  that  cognizance  to  the  Judges  of  the  country. 

The  14th  article  in  the  Scheme,  and  the  12th  in  the 
Convention,  differ  only  in  this,  that  the  former  refers  cer- 
tain offences,  disputes  and  differences,  to  the  jurisdiction 
of  the  Consuls  and  Vice  Consuls;  whereas  the  latter  is 
silent  as  to  offences,  and  omits  making  any  mention  of 
them. 

The  15th  article  in  the  Scheme,  and  the  13th  in  the 
Convention,  are  alike. 


f.-f,         SCHEME. 
16th  Article. 

The  subjects  of  his  most  Chris- 
tian Majesty  and  the  citizens  of 
the  Unitevl  States  shall  be  ex- 
empt from  all  personal  services 
in  the  place  of  their  residence, 


CONVENTION. 

14th   Article. 

The  subjects  of  his  most  Chris- 
tian Majesty,  and  those  of  the 
United  States,  who  shall  prove 
that  they  belong  to  the  body  of 
their  respective  nations,  by  the 


DIPLOMATIC  CORRESPONDENCE. 


311 


either  in  France  or  the  United 
States,  as  the  case  may  be;  when- 
soever any  person  in  France  or 
the  United  States,  as  the  case 
may  be,  shall  claim  any  privilege 
or  exemption  of  a  subject  of  his 
most  Christian  Majesty,  or  of  the 
United  States,  before  any  judge, 
tribunal  or  officer  whatsoever,  a 
certificate  of  the  Consul  or  Vice 
Consul  of  the  district,  containing 
his  name,  surname,  and  the  place 
of  his  residence,  and  t!ie  affidavit 
of  the  person  claiming  such  pri- 
vilege or  exemption,  that  he  is  a 
subject  of  his  most  Christian  Ma- 
jesty, or  of  the  United  States,  as 
the  case  may  be,  shall  be  suffi- 
cient evidence  thereof,  unless  the 
contrary  shall  manifestly  appear. 


certificate  of  the  Consul  or  Vice 
Consul  of  the  district,  mention- 
ing their  names,  surnames  and 
place  ot  their  settlement  as  in- 
scribed in  the  registers  of  the 
consulate,  shall  not  lose,  fur  any 
cause  whatever,  in  the  respective 
domains  and  States,  the  quality 
of  subjects  of  'the  country  of 
which  they  originally  were,  con- 
formably to  the  llth  article  of  the 
treaty  of  amity  and  commerce 
of  the  6th  February,  1778,  of 
which  the  present  article  shall 
serve  as  an  interpretation  in  case 
of  necessity,  and  the  said  subjects 
respectively,  shall  enjoy,  in  con- 
sequence, exemption  from  all 
personal  services  in  the  place  of 
their  settlement. 


These  two  articles  vary  from  each  other  essentially  ; 
first,  in  that  the  certificate  of  the  Consul  is,  by  the  Con- 
vention, made  the  sole  and  exclusive  proof  of  nationality ; 
whereas,  the  Scheme  requires  also  the  affidavit  of  the 
party,  and  makes  that  joint  evidence  conclusive  only  in 
cases  where  the  contrary  shall  not  manifestly  appear. 
Secondly,  in  that  the  Convention  declares  that  persons 
having  such  certificates  shall  not  lose,  for  any  cause  what- 
ever, the  quality  of  subjects  of  the  country  of  which  they 
originally  were;  whereas,  the  Scheme,  by  not  giving 
such  operation  to  those  certificates,  leaves  such  persons 
within  the  reach  of  naturalization.  Thirdly,  in  that  the 
Convention  makes  this  article  auxiliary  to  the  6th  article 
of  the  treaty,  by  declaring  that  it  shall  serve  as  an  inter- 
pretation in  case  of  necessity — whereas,  the  Scheme  does 
not  constitute  any  connexion  between  this  article  and  the 
treaty. 

There  is  no  difference  between  the  17th  article  in  the 
Scheme,  and  the  15th  in  the  Convention,  except  that  the 


312         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

former  refers  only  to  the  3rd  and  4th  articles  of  the  treaty 
— whereas,  the  latter  refers  to  the  2nd,  3rd  and  4th. 

The  Convention  contains  an  article,  viz:  the  16th, 
which  provides  for  the  exchange  of  ratifications;  but  there 
is  no  such  article  in  the  Scheme. 

It  appeared  proper  to  your  Secretary,  thus  particularly 
to  state  the  principal  variances  between  the  Scheme  and 
the  Convention,  that  Congress  may  the  more  easily  judge 
how  far  they  correspond.  The  deviations  in  question, 
though  different  in  degrees  of  importance,  yet  seem  to  be 
alike  in  this,  that  they  depart  from  the  matter  of  the 
Scheme,  and  not  merely  from  the  wording  or  arrange- 
ment of  it. 

As  sovereigns  treat  and  act  with  each  other  by  their 
Ministers,  it  becomes  essential  that  the  acts  of  those  Min- 
isters should  not  be  obligatory  until  after  they  have  rati- 
fied, it  being  reasonable  that  the  sovereigns  should  have 
an  opportunity  of  judging  whether  their  powers  have  not 
been  exceeded,  and  whether  their  instructions  have  been 
pursued.  A  refusal  to  ratify  can,  therefore,  be  warranted 
only  by  the  one,  or  the  other  of  these  principles,  viz: 
either  that  their  Ministers  have  exceeded  the  powers  dele- 
gated by  their  commission,  or  departed  from  the  instruc- 
tions given  them,  to  limit  and  regulate  the  exercise  and 
use  of  those  powers,  which  are  commonly  expressed  in 
very  general  terms. 

Hence  it  becomes  important  that  the  sovereign  refusing 
to  ratify,  should  be  in  capacity  to  show  clearly  what  the 
powers  and  instructions  given,  were;  and  also  that  the 
treaty  or  Convention,  in  question,  is  not  conformable 
thereto. 


DIPLOMATIC  CORRESPONDENCE.  313 

In  the  present  case,  there  can  be  no  difficulty,  because 
all  the  power  and  authority  delegated  to  the  American 
Minister,  rest  entirely  en  the  resolution  of  the  25th  Jan- 
uary, 1782,  which,  in  a  few  words,  so  blends  his  authority 
and  his  instructions,  that  he  could  not  communicate  to  the 
French  Minister  the  one  without  the  other. 

Where  an  open  and  general  commission  is  given, 
accompanied  by  private  and  particular  instructions,  the 
one  may  be  shown  and  the  other  reserved.  And  though 
a  departure  from  such  instructions  is  good  cause  to  refuse 
a  ratification,  yet  more  difficulties  attend  such  cases  than 
the  present,  because  the  other  party  being  ignorant  of  the 
instructions,  and  relying  on  the  full  powers  treat  in  full 
confidence  and  expectation  that  the  proceedings  will  be 
ratified.  But  as  the  French  Minister,  in  this  instance, 
knew  exactly  how  far  the  American  Minister  could  go, 
and  said  plainly  that  he  was  not  to  depart  from  the  mat- 
ter of  the  Scheme,  which  accompanied  and  was  referred 
to  in  his  powers  and  instruction,  they  could,  in  case  of 
essential  deviations,  only  expect  a  ratification  de  gratia, 
and  not  de  jure ;  and,  consequently,  can  have  no  reason 
to  be  dissatisfied  in  case  it  should  be  declined. 

Thus  much  appeared  necessary  to  observe,  in  order  to 
shew  that  Congress  have  a  right  to  refuse  the  ratification 
in  question ;  but  whether  it  would  be  politic  and  expe- 
dient to  do  it,  are  questions  which  must  be  entirely  refer- 
red to  the  wisdom  of  Congress.  Your  Secretary,  however, 
in  order  fully  to  comply  with  what  he  conceives  to  have 
been  the  intention  of  Congress  in  referring  the  Conven- 
tion to  him,  will  now  proceed  to  state  the  several  objec- 
tions to  which,  in  his  opinion,  it  is  liable. 

The  Convention  appears  well  calculated  to  answer 
VOL.  i.— 40 


314        JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

several  purposes ;  but  the  most  important  of  them  are 
such  as  America  has  no  interest  in  promoting.  They  are 
these : 

1st.  To  provide  against  infractions  of  the  French  and 
American  laws  of  trade. 

2nd.  To  prevent  the  people  of  one  country  from  mi- 
grating to  the  other. 

3rd.  To  establish  in  each  other's  country  aninfluential 
corps  of  officers,  under  one  chief,  to  promote  mercantile 
and  political  views. 

The  first  of  these  objects  is  clearly  evinced  by  the 
tenth  article. 

The  second  of  these  objects,  though  less  explicitly,  is 
still  sufficiently  evident,  from  the  fourteenth  article. 

The  third  of  these  objects,  as  it  respects  mercantile 
views,  is  apparent  from  the  general  tenor  of  the  Con- 
vention ;  and  it  appears  plain  to  your  Secretary,  that  a 
Minister  near  Congress,  Consuls  so  placed  as  to  include 
every  part  of  the  country  in  one  consulate  or  other, 
Vice  Consuls  in  the  principal  ports,  and  agents  in  the 
less  important  ones,  constitute  a  corps  so  coherent,  so 
capable  of  acting  jointly  and  secretly,  and  so  ready  to 
obey  the  orders  of  their  chief,  that  it  cannot  fail  of  being 
influential,  in  two  very  important  political  respects,  first, 
in  acquiring  and  communicating  intelligence;  and  second- 
ly ,  in  disseminating  and  impressing  such  advices,  senti- 
ments and  opinions  of  men  and  measures  as  it  may  be 
deemed  expedient  to  diffuse  and  encourage.  These 
being  the  three  great  purposes  which  the  Convention  is 
calculated  lo  answer  ;  the  next  question  which  naturally 
occurs,  is,  whether  the  United  States  have  any  such  pur- 
poses to  answer,  by  establishing  such  a  corps  in  France. 


DIPLOMATIC  CORRESPONDENCE.  315 

As  to  the  first,  we  have  no  laws  for  the  regulation  jo 
our  commerce  with  France,  or  any  of  her  dominions,  and 
consequently  we  want  no  provisions  or  guards  against  the 
infraction  of  such  laws. 

As  to  the  second,  we  have  not  the  most  distant  reason 
to  apprehend  or  fear  that  our  people  will  leave  us  and 
migrate,  either  to  the  kingdom  of  France,  or  to  any  of 
its  territories ;  and  consequently  every  restriction  or 
guard  against  it  must  be  superfluous  and  useless." 

As  to  the  third,  France  being  a  country  in  whose 
government  the  people  do  not  participate  ;  where  no- 
thing can  be  printed  without  previous  license,  or  said 
without  being  known,  and  if  disliked  followed  with  in- 
conveniencies,  such  a  corps  would  there  be  very  ineffi- 
cient for  political  purposes.  Where  the  people  are  per- 
fectly unimportant,  every  measure  to  influence  their 
opinions  must  be  equally  so.  For  political  purposes, 
therefore,  we  do  not  want  any  such  corps  in  France. 
As  to  assisting  our  merchants,  and  such  other  matters  as 
properly  belong  to  Consuls,  they  would  answer  all  those 
purposes  just  as  well  without  these  extraordinary  powers 
as  with  them. 

Hence,  it  is  clear  to  your  Secretary,  that  the  three 
great  purposes  which  the  Convention  is  calculated  to 
answer,  are  such,  as  the  United  States  have  no  interest 
in  promoting.  Whether  France  has  any  such  purposes 
to  answer  in  the  United  States,  and  how  far  this  Con- 
vention may  facilitate  the  pursuit  of  them,  are  questions 
which  the  discernment  of  Congress  renders  it  unneces- 
sary for  your  Secretary  to  discuss. 

Your  Secretary  also  considers  this  Convention  u 
greatly  deficient  in  reciprocity,  inasmuch  as  by  it  we  are 


316    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

to  admit  French  Consuls  into  all  our  ports  and  places 
without  exception ;  whereas,  no  provision  is  made  for 
the  admission  of  ours  into  any  of  the  ports,  places,  and 
dominions  of  his  most  Christian  Majesty,  except  the  king- 
dom of  France  only. 

He  also  thinks  that  the  omission  of  the  article  secur- 
ing to  Consuls  the  right  of  worshipping  in  their  own  way 
in  chapels  in  their  own  houses,  is  a  deviation  from  reci- 
procity, especially  as  that  liberty  is  not  only  permitted 
but  established  here.  But  independent  of  these  general 
circumstances  and  considerations,  your  Secretary  thinks 
the  Convention  is  liable  to  several  strong  and  particular 
objections. 

When  these  States  assumed  a  place  among  the  nations 
of  the  earth,  they  agreed  upon  and  published  to  the 
world,  the  style  and  title  by  which  they  were  to  be 
known  and  called,  and  your  Secretary  does  not  conceive 
that  other  nations  are  more  at  liberty  to  alter  that  style 
than  the  United  States  are  to  alter  the  title  of  his  most 
Christian,  most  Catholic,  or  any  other  Majesty  in 
Europe.  He  therefore  thinks  that  no  act  should  be 
ratified  by  Congress,  until  every  error  of  this  kind  is 
corrected.  Though  these  matters  are  very  unimportant 
in  themselves,  yet  they  become  so  as  precedent,  one 
little  liberty  unchecked  often  smoothing  the  way  for  a 
greater. 

The  Convention  directs  the  Consuls,  on  their  arrival 
in  the  respective  States,  to  present  their  commissions 
according  to  the  forms  which  shall  be  there  found  estab- 
lished ;  although  the  word  respective  here  used,  relates 
to  the  two  countries  and  not  to  the  individual  States^of 
which  our  confederacy  is  composed ;  yet  it  still  is  doubt- 


DIPLOMATIC  CORRESPONDENCE.  317 

ful  whether  the  form  alluded  to  is  to  be  established  by 
Congress,  or  the  State  to  which  they  may  be  sent,  and 
at  which  they  may  arrive.  The  like  remarks  apply  to  the 
the  case  of  Vice  Consuls  mentioned  in  the  second  article. 

In  countries  where  the  laws  alone  govern,  it  should, 
in  the  opinion  of  your  Secretary,  be  an  invariable  maxim 
not  to  permit  any  civil  power  to  be  exercised  in  it  but  by 
the  citizens  of  the  country,  legally  and  constitutionally 
authorized  thereto  ;  and  that  as  few  persons  as  possible 
should  be  exempt  in  any  respect  from  the  jurisdiction  of 
the  laws. 

In  his  opinion,  therefore,  none  but  the  immediate  re- 
presentatives of  Sovereigns  ought  to  have  such  exemp- 
tions. A  Consul  is  not  of  that  description.  According 
to  the  law  of  nations,  Ambassadors  must  be  received  ; 
but  that  law  does  not  extend  to  Consuls,  and,  therefore, 
every  nation  may  admit  them  on  their  own  terms.  It  is 
not  easy  to  assign  a  good  reason  for  granting  them  a  full 
and  entire  immunity  for  their  persons,  papers,  houses 
and  servants,  other  than  such  as  the  free  citizens  of  the 
country  enjoy.  As  they  are  protected  by  the  laws, 
they  should  be  subject  to  them. 

But  the  Convention  goes  much  further — it  grants  this 
immunity  not  only  to  Consuls  and  also  to  Vice  Consuls, 
but  also  to  all  their  different  officers,  and  in  general,  to 
all  persons  attached  to  the  consulate.  Various  abuses, 
difficult  to  detect,  and  still  more  difficult  to  correct, 
would  naturally  attend  such  extensive  exemption  from 
the  process  and  jurisdiction  of  our  laws,  which  can  only 
proceed  in  one  open,  plain,  direct  path,  without  the  aid 
of  those  detours  and  expedients  well  known  and  daily 
practised  in  absolute  governments. 


318         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

The  5th  article  respecting  calling  upon  them  for  evi- 
dence seems  to  be  an  unnecessary  departure  from  our 
laws.  Why  should  Consuls  and  Vice  Consuls  be  called 
upon  to  give  evidence  in  a  manner  less  formal  and  less 
coercive  than  the  first  and  highest  officers  of  our  govern- 
ment are? 

The  6th  and  7th  articles  establishing  consular  and 
vice  consular  chanceries  create  an  imperium  in  imperio, 
which  in  several  respects  must  clash  with  the  internal 
policy  of  these  States,  and  with  which  it  is  not  clear  that 
Congress  can  authorize  any  persons  to  interfere,  such  as, 

1st.  Their  officers  shall  discharge  the  functions  of 
notaries.  If  by  notaries  be  intended  such  as  are  known 
in  this  country,  they  are  public  officers  that  can  only  be 
appointed  in  the  manner  prescribed  by  the  governments 
of  the  different  States. 

2nd.  All  effects  left  by  deceased  persons  of  their  nation 
are  to  be  deposited  there  and  they  are  to  have  the  exclu- 
sive right  to  inventory,  liquidate  and  sell  the  moveable 
effects,  &c.  so  left.  So  that  with  respect  to  these  mat- 
ters, not  only  the  executors  of  the  deceased  are  to  be 
excluded,  but  our  judge  of  probates  is  to  lose  his  juris- 
diction. And  yet  consular  copies  of  such  wills  and  acts, 
though  unknown  to  our  laws,  are  to  be  admitted  as  evi- 
dence in  our  courts. 

3rd.  If  a  Frenchman  having  many  goods  in  possession 
and  many  debts  to  pay,  should  die,  his  creditors,  accord- 
ing to  this  system,  are  to  have  no  other  dependence  for 
payment,  but  the  integrity  of  the  Consul  or  Vice  Con- 
sul, who  alone  can  take  possession  of  his  goods.  No 
action  can  be  brought  against  these  officers,  nor  any  pro- 
cess touch  any  thing  in  their  houses.  So  that  our  courts 


DIPLOMATIC  CORRESPONDENCE.  319 

are  so  far  to  lose  their  jurisdiction  and  American  creditors 
in  effect  their  right  of  action. 

4th.  Notes  given  by  Frenchmen  dying  here,  are  put 
on  another  footing  from  notes  given  by  our  citizens  with 
respect  to  evidence.  For  the  Convention  demands  that 
the  writing  and  signing  of  them  shall  be  known  and 
certified  by  two  principal  merchants  of  his  nation,  which 
very  materially  alters  our  law  on  that  subject. 

From  these  and  other  circumstances,  it  appears  that 
this  Convention  will  make  a  strong  line  of  separation 
between  French  and  American  inhabitants  in  this  coun- 
try. 

The  10th  article  needs  no  comment.  It  gives  to  Con- 
suls as  complete  jurisdiction  over  French  vessels  in  our 
harbors  as  any  of  the  King's  officers  could  exercise  over 
them  in  the  harbors  of  France.  One  circumstance, 
however,  is  very  striking,  and  merits  much  attention,  viz : 
their  power  to  arrest  passengers,  which,  doubtless,  will  be 
the  case  whenever  passengers  shall  attempt  to  come  here 
in  a  manner,  and  for  purposes  not  consistent  with  the  ordi- 
nances against  emigration ;  and  the  power  to  arrest  also 
the  captains  and  masters  is,  doubtless,  intended  to  punish 
neglect  of  those  ordinances,  and  to  render  them  very  cir- 
cumspect in  their  conduct  relative  to  passengers  and 
cargoes. 

How  far  the  power  of  arresting  and  re-exporting  sailors 
and  deserters  may  operate  on  emigrants,  is  not  difficult  to 
foresee,  as  the  Consuls  are  to  be  the  only  judges,  and  our 
Courts  are  excluded  from  hearing  the  complaints  of  any 
persons  whom  the  Consuls  may  describe  by  those  appella- 
tions. 

The  14th  article  makes  the  certificate  of  a  Consul 


320         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

conclusive  proof  of  a  man's  being  a  Frenchman,  and  de- 
clares, that  he  who  shall  make  such  proof  shall  not  lose, 
for  any  cause  whatever,  the  quality  of  a  subject. 

That  the  manifestation  of  so  important  a  fact  should 
depend  wholly  on  such  a  certificate,  that  no  counter  proof 
should  be  offered  and  prevail,  is  really  to  make  the  con- 
sular chancery  a  court  of  record  (and  that  not  only  for 
judicial  acts,  but  also  for  facts,)  against  whose  records,  and 
even  the  copies  of  them,  there  can  be  no  averment. 
This  does  not  comport  with  the  genius  and  spirit,  either 
of  our  constitutions  or  our  laws ;  both  of  which  secure  to 
every  inhabitant  and  citizen  the  inestimable  privilege  of 
offering,  in  our  tribunals,  every  species  of  legal  evidence 
that  may  tend  to  elucidate  the  merits  of  the  cause  before 
them.  But  this  is  not  the  only  objection  to  which  this 
article  is  liable — one  much  more  interesting  is  obvious. 

Where  such  certificates  appear,  the  person  named  in 
them  is  not  to  lose,  for  any  cause  whatever,  the  quality 
of  subject,  so  that  even  legal  naturalization  is  not  to 
operate  as  a  cause.  That  this  is  the  true  construc- 
tion of  that  clause,  is  evident,  from  its  expressly  referring 
to  the  llth  article  of  the  treaty,  and  declaring  that  it 
shall  serve  as  an  interpretation  thereof.  Let  us  recur  to 
that  article. 

After  stating  the  privileges  which  persons  of  the  two 
nations  shall  enjoy  in  each  other's  country,  it  thus  pro- 
ceeds : 

"  But  it  is,  at  the  same  time  agreed  that  its  contents 
"  shall  not  affect  the  laws  made,  or  that  may  be  made 
"  hereafter  in  France,  against  emigration,  which  shall 
"  remain  in  all  their  force  and  vigor;  and  the  United 
"  States,  on  their  part,  or  any  of  them,  shall  be  at  liberty 


DIPLOMATIC  CORRESPONDENCE.  321 

"  to  enact  such  laws  relative  to  that  matter,  as  to  them 
"  shall  seem  proper." 

Now  let  us  collect  into  one  point  of  view,  the  different 
parts  of  the  system  from  their  dispersed  situation  in  the 
treaty,  and  in  the  articles  of  this  Convention,  and  see 
how  it  will  operate. 

The  King  has  a  right  to  make  what  laws  he  may  think 
proper,  respecting  navigation  and  emigration. 

Suppose  a  law,  directing  that  every  passenger  shall,  on 
his  arrival  in  America,  immediately  report  himself  to  the 
Consul  or  Vice  Consul  nearest  the  place  of  his  arrival,  to 
the  end  that  his  name  and  description  be  entered  in  the 
consular  registers. 

The  10th  article  of  the  Convention  declares  that  they 
shall  cause  to  be  executed  the  respective  laws  or  ordi- 
nances and  rules  concerning  navigation  on  board  the 
said  vessels,  and  that  they  may  cause  every  passenger 
to  be  arrested.  Hence  it  will  happen  that  every  pas- 
senger will  be  noted  and  described  in  their  books, 
before  such  passenger  can  obtain  naturalization.  And 
if  he  should  afterwards  obtain  it,  the  14th  article 
renders  it  avoidable  by  ordaining  that  "  They  who 
"  shall  prove  they  belong  to  the  body  of  their  respec- 
"  live  nations,  by  the  certificate  of  the  Consul  or  Vice 
"  Consul  of  the  district,  mentioning  their  names,  surnames 
"  and  place  of  their  settlement,  as  inscribed  in  the  regis- 
"  ters  of  the  consulate,  shall  not  lose,  for  any  cause  what- 
"  ever,  in  the  respective  States  and  domains,  the  quality 
"  of  subjects  of  the  country  of  which  they  originally 
"  were." 

And  the  same  article  proceeds  to  declare,  what  is  really 
not  the  fact:  that  this  is  conformable  to  the  llth  article  of 
VOL.  i.— 41 


322         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

the  treaty ;  and  as  if  conscious  that  the  said  article  does 
not  admit  of  such  construction,  it  adds  that  it  shall  serve 
as  an  interpretation  of  it.  That  is,  that  it  shall  be  so 
construed  in  future — that  the  llth  article  does  no  more 
than  declare  the  right  of  the  King  to  make  what  laws  he 
pleases  against  emigration,  but  there  is  nothing  in  it  which 
says,  or  seems  to  say,  that  his  subjects  producing  the  be- 
forementioned  certificates,  shall  not,  for  any  cause  what- 
ever, lose  that  quality  in  our  country. 

Although  the  true  policy  of  America  does  not  require, 
but  on  the  contrary  militates  against  such  Conventions:  and 
although  your  Secretary  is  of  opinion  that  the  Conven- 
tion, as  it  now  stands,  ought  not  to  be  ratified,  yet  as 
Congress  have  proceeded  so  far  in  the  present  instance, 
he  thinks  that  instructions  should  be  sent  to  their  Minister 
at  Versailles,  to  state  their  objections  to  the  present  form, 
and  to  assure  the  King  of  the  readiness  of  Congress  to 
ratify  a  Convention  made  agreeable  to  the  Scheme 
beforementioned,  provided  an  article  be  added  to  limit  its 
duration  to  eight  or  ten  years,  in  order  that  practice  and 
experience  may  enable  them  to  judge  more  accurately 
of  its  merits,  than  can  ever  be  done  of  mere  theoretical 
establishments,  however  apparently  expedient. 

All  of  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE. 


REPORT    OF    SECRETARY   JAY    TO    CONGRESS. 

Office  for  Foreign  Affaire,  3 
August  18,  1786.      5 

The  Secretary  of  the  United  States  for  the  Department 
of  Foreign   Affairs,  to   whom  was   referred  back   his 
report  of  4th  July,   1786,  on  the  consular  convention 
between  France  and  the  United  States :  Reports, 
That  in  his  opinion  a  copy  of  that  report  should  be 
transmitted  to  the  Minister  Plenipotentiary  of  the  United 
States  at  Paris,  in  order  that  he  may  thereby  become 
fully  informed  of  the  objections  to  which  the  convention 
is  liable. 

That  a  certified  copy  of  the  act  of  Congress  of  the 
25th  day  of  January,  1782,  authorizing  and  directing  the 
honorable  Doctor  Franklin  to  conclude  a  consular  con- 
vention, be  also  sent  to  him. 

That  a  certified  copy  of  the  Scheme,  of  such  Con- 
vention, referred  to  in  the  above  act  of  Congress,  be  also 
sent  to  him. 

That  he  be  instructed  to  communicate  the  said  act  of 
Congress,  and  the  said  Scheme,  to  his  most  Christian 
Majesty,  and  to  point  out  to  him,  the  instances  in  which 
the  Convention  deviates  from  the  said  Scheme. 

That  he  be  also  instructed  to  propose  to  his  Majesty 
that  the  said  Convention  be  so  amended,  as  perfectly  to 
correspond  with  the  Scheme  in  every  part  where  a  devia- 
tion from  the  same  is  not  permitted  by  the  said  act.  And 
further  that  he  represent  to  his  Majesty,  the  desire  of 
Congress  to  make  the  said  convention  probationary,  by 
adding  a  clause  for  limiting  its  duration  to  eight  or  ten 
years. 


324         JOHN  JAY— SEC.   FOR  FOREIGN  AFFAIRS. 

That  he  assure  his  Majesty  of  the  determination  of 
Congress  to  observe,  on  all  occasions,  the  highest  respect 
for  candor  and  good  faith  in  all  their  proceedings,  and 
that  on  receiving  the  Convention  so  amended,  and  with 
such  a  clause,  they  will  immediately  ratify  it. 

Your  Secretary  thinks  it  should  also  be  resolved  that 
the  honorable  Thomas  Jefferson,  Esq.  the  Minister  Ple- 
nipotentiary of  the  United  States  at  the  court  of  Ver- 
sailles, be  and  he  is  hereby  authorized  and  directed,  to 
conclude  and  sign,  on  the  part  of  the  United  States,  with 
the  Minister  of  his  most  Christian  Majesty  having  equal 
powers,  a  Convention  for  the  regulation  of  their  respec- 
tive Consuls  conformably  to  the  Scheme  abovemen- 
tioned,  in  every  respect  except  where  deviations  from  it 
are  permitted  by  the  said  act  of  Congress  of  the  25th 
day  of  January,  1782,  and  with  a  clause  limiting  the 
duration  of  the  said  Convention  to  any  term  of  years  not 
exceeding  ten. 

Your  Secretary  thinks  he  should  be  directed  to  write 
the  following  letter  to  Mr.  Jefferson. 

Sir, 

I  have  the  honor  of  transmitting  to  you  herewith 
enclosed  the  following  papers,  viz: 

No.  1.  A  copy  of  the  consular  Convention  signed  by 
the  French  and  American  Plenipotentiaries. 

No.  2.  A  copy  of  the  act  of  Congress  under  which 
the  American  Plenipotentiary  signed  the  same. 

No.  3.  A  copy  of  the  scheme  of  a  Convention,  men- 
tioned and  referred  to  in  the  said  act. 

No.  4.  A  copy  of  a  report  on  the  said  Convention. 

No.  5.  A  copy  of  an  act  of  Congress  containing  in- 


DIPLOMATIC  CORRESPONDENCE.  335 

structions  and  giving  authorities  to  you  on  the  subject 
of  the  said  Convention. 

These  papers  will  possess  you  fully  of  the  whole  bu- 
siness. I  am  persuaded  that  it  will  appear  to  you  as  it 
does  to  Congress,  to  be  a  delicate  one  ;  and  to  require 
delicate  management. 

The  original  Scheme  of  the  Convention  is  far  from 
being  exceptionable,  but  a  former  Congress  having  agreed 
to  it,  it  would  be  improper  now  to  recede ;  and  therefore 
Congress  are  content  to  ratify  a  Convention  made  con- 
formable to  that  scheme,  and  to  their  act  of  the  25th 
day  of  January,  1782,  provided  a  clause  limiting  its 
duration  be  added. 

It  will  be  proper  therefore  to  press  on  the  court,  only 
such  objections  to  the  Convention  as  arise  from  its  de- 
parture from  the  Scheme.  On  making  an  accurate 
comparison,  such  departure  will  appear  manifest  to 
his  Majesty ;  and  there  is  reason  to  expect  from  his  can- 
dor, that  he  will  readily  consent  to  remove  the  objections 
occasioned  by  it. 

As  it  certainly  is  wise  to  try  the  merits  of  institutions 
entirely  new,  by  actual  experience,  before  nations  adopt 
them  forever,  the  propriety  of  rendering  this  Convention 
probationary  in  the  first  instance,  is  unquestionable. 
Congress  cannot  therefore  presume  that  his  most  Chris- 
tian Majesty  will  object  to  a  clause  for  limiting  its  dura- 
tion. The  design  of  this  Convention  being  for  mutual 
and  reciprocal  benefit  and  convenience,  it  would  be  doing 
injustice  to  his  Majesty,  to  suppose  that  he  would  wish 
to  provide  for  its  existing  longer  than  it  should  prove 
useful  and  satisfactory.  If  after  the  experience  of  a  few 
years  it  should  be  found  to  answer  the  purposes  in- 


326          JOHN  JAY— SEC.  FOB  FOREIGN  AFFAIRS. 

tended  by  it,  both  parties  will  have  sufficient  induce- 
ments to  renew  it,  either  in  its  present  form  or  with  such 
alterations  and  amendments  as  time,  experience,  and 
other  circumstances  may  indicate. 

All  which  is  submitted  to  the  wisdom  of  Congress, 

JOHN  JAY. 


FROM  MONSIEUR  DE  LA  FORET  TO  JOHN  JAY. 

Translation. 

New  York,  23,  1786. 

Monsieur  De  la  Foret  has  the  honor  to  present  his 
respects  to  the  honorable  Mr.  Jay,  and  to  enclose  to  him 
an  extract  of  a  letter  which  he  received  by  the  last 
packet. 


Extract  of  a  letter  from  the  Mareschal  De  Castries,  of 
the  llth  August,  1786,  to  M.  De  la  Foret. 

"  The  United  States  must  have  seen  our  readiness  to 
lend  our  good  offices  to  their  agents,  sent  to  the  Re- 
gencies of  Barbary.  But  the  present  system  of  that 
of  Algiers,  and  the  personal  character  of  the  Dey,  give 
occasion  to  fear  that  they  have  not  the  success  that  we 
hare  desired." 


DIPLOMATIC  CORRESPONDENCE.  337 

Extract  of  a  letter  from  Mareschal  De  Castries  to  M. 
De  la  Foret. 

Versailles,  January  22,  1786. 

"  The  King  has  expressly  recommended  to  his  Con- 
suls General  and  Charge  d'Affaires  at  Algiers  and  Mo- 
rocco, the  persons  and  negotiations  of  the  Consuls  whom 
Congress  has  sent  to  treat  of  peace  with  those  powers — 
but  our  endeavors  will  be  fruitless,  if  the  conditions  re- 
quired should  not  be  complied  with ;  and  it  would  be  to 
deceive  ones-self  to  expect  that  any  consideration  could 
induce  the  Emperor  of  Morocco,  and  particularly  the 
Regency  of  Algiers,  to  forego  the  advantages  presented 
to  them  by  the  interest  which  the  Americans  have  in 
living  at  peace  with  them.  It  will  belong  to  their  agents 
to  obtain  good,  or  to  speak  more  properly,  the  least  bur- 
thensome  conditions,  and  no  doubts  should  be  entertained 
in  America,  of  the  services  which  we  are  pressing,  to 
render  them  to  that  effect. " 


FROM  JOHN  JAY  TO  THE  PRESIDENT  OP  CONGRESS. 

>r  Foreign  Affairs 
April  24,  1786. 


Office  for  Foreign  Affairs,  ? 


Sir, 

I  received  from  M.  De  la  Foret,  the  enclosed  extract 
from  a  letter  of  M.  De  Castries,  to  which  I  have  added 
a  translation. 

With  great  respect,  &c. 

JOHN  JAY. 


328    JOHN  JAY— SEC.  FOB  FOREIGN  AFFAIRS. 
FROM  MONSIEUR  OTTO  TO  JOHN  JAY. 

Translation. 

New  York,  June  27,  1786. 
Sir, 

On  the  occasion  of  the  letter  which  I  had  the  honor  to 
write  to  you,  on  the  28th  April  last,  you  were  pleased  to 
promise  me  verbally  to  solicit  with  Congress  the  ratifica- 
tion of  our  consular  Convention,  as  soon  as  there  should  be 
nine  States  represented.  All  the  members  of  this  assembly 
with  whom  I  have  conversed,  have  assured  me  that  the  de- 
lay which  this  ratification  has  experienced  was  principally 
owing  to  this  :  that  Congress  had  not  received  a  copy  of 
this  Convention  until  long  after  its  signature,  and  that 
since  that  time  this  assembly  has  never  found  itself  suffi- 
ciently numerous  to  take  it  into  consideration.  I  have 
transmitted  this  answer  to  my  Court,  and  Mr.  Jefferson 
has  received  analagous  instructions  to  inform  the  Minister 
of  the  reasons  of  the  long  silence  of  Congress  respecting 
an  object  on  which  the  Plenipotentiaries  of  the  two  na- 
tions had  solemnly  agreed,  Since  that  period  the  Con- 
gress have  not  only  been  found  complete,  but  they  have 
ratified  the  treaty  of  commerce  with  Prussia,  although  the 
signature  of  that  treaty  was  a  good  deal  more  recent  than 
that  of  the  consular  Convention. 

The  United  States  being  again  sufficiently  represented, 
I  beg  the  favor  of  you  to  submit  this  affair  to  their  con- 
sideration. Whatever  may  be  their  resolution  in  this  re- 
spect, it  is  to  be  desired  to  facilitate  the  business  with 
which  the  respective  Consuls  are  charged,  that  they  may 


DIPLOMATIC  CORRESPONDENCE.  329 

be  informed  of  the  extent  of  their  powers,  and  that  they 
may  know,  in  a  clear  and  precise  manner,  the  limits  which 
their  sovereigns  have  assigned  to  their  authority. 

I  am,  &c. 

OTTO. 


FROM  JOHN  JAY  TO  MONSIEUR  OTTO. 

Office  for  Foreign  Affairs,      5 
July  3,  1786.  5 

Sir, 

On  returning  to  town,  yesterday,  I  received  the  letter 
which  you  did  me  the  honor  to  write  on  the  27th  of  last 
month. 

I  well  remember  our  conversation  on  the  subject  of 
your  letter  of  the  18th  April  last;  that  I  informed  you 
Mr.  Jefferson  would  be  instructed  to  explain  the  reasons 
of  the  delay  which  had  retarded  the  decision  on  the  con- 
sular Convention,  and  that  I  promised  you  to  do  what- 
ever depended  on  me  to  bring  that  matter  to  a  speedy 
conclusion. 

Your  letter  of  the  18th  April  was  received  the  19th  ; 
it  was  transmitted  by  me,  to  Congress,  the  21st;  it  was 
referred  to  me  the  25th  ;  I  reported  011  it  the  28th  ;  and 
Mr.  Jefferson's  instructions  were  sent  in  my  letter  to  him 
of  the  5th  May  last. 

Your  letter,  now  before  me,  shall,  (as  soon  as  it  can  be 
translated,)  be  transmitted  to  his  Excellency  the  President 
of  Congress,  and  whatever  answer  they  may  be  pleased 
to  direct  me  to  convey  to  you,  shall,  without  delay,  be 
communicated. 

I  flatter  myself  that  Mr.  Jefferson  will  find  no  difficulty 
VOL.  i.—  42 


330         JOHN  JAY— SEC.   FOR  FOREIGN  AFFAIRS. 

in  assigning  very  satisfactory  reasons,  to  his  most  Chris- 
tian Majesty,  for  the  delays  in  question ;  and  I  am  per- 
suaded that  Congress  will  proceed  to  consider  and  termi- 
nate this  affair  with  as  much  despatch  as  circumstances 
may  permit. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


FROM  MONSIEUR  OTTO  TO  JOHN  JAY. 

Translation. 

New  York,  July  6,  1786. 
Sir, 

I  did  not  receive  the  letter  which  you  did  me  the  hon- 
or to  write  to  me  the  3rd  of  this  month,  until  my  arrival 
here.  I  beg  you  to  accept  my  thanks  for  the  particulars 
which  you  have  been  so  kind  as  to  communicate  respect- 
ing the  ratification  of  our  consular  Convention. 

I  have  likewise  received,  sir,  the  information  which  you 
were  pleased  to  give  me,  of  the  ceremony  that  took  place 
the  4th  inst.  although  I  had  no  notice  of  this  till  after  my 
return  to  New  York.  I  had  intended  to  pay  my  respects 
on  an  occasion  so  solemn  as  that  of  the  anniversary  of 
American  Independence,  but  unfortunately  the  Elizabeth- 
town  boat  had  sailed  sooner  than  I  expected.  I  purpose 
to  present  my  excuses  to-day  to  his  Excellency  the  Presi- 
dent of  Congress,  and  I  hope,  sir,  that  you  will  be  per- 
suaded that,  from  principles  of  duty  and  sentiment,  I  am 
warmly  interested  in  whatever  regards  the  United  States. 

I  left  Governor  Livingston  and  his  family  in  perfect 
health,  they  charged  me  with  a  thousand  tender  compli- 
ments to  you  and  Mrs.  Jay. 

I  am  with  respect  &c.  OTTO. 


DIPLOMATIC  CORRESPONDENCE.  331 


FROM    JOHN    JAY    TO    THE    PRESIDENT    OF    CONGRESS. 

Office  for  Foreign  Affairs,      ? 
October  9,  1786.  S 

Sir, 

I  take  the  earliest  opportunity  of  informing  your 
Excellency  that  Mr.  Remsen,  on  reading  the  printed 
Scheme  of  a  consular  Convention,  observed,  that  it  did 
not  exactly  correspond  with  the  copy  in  this  office.  This 
circumstance  led  him  to  compare  it  with  the  original 
Scheme  in  the  Secretary's  office.  As  the  discovery  of 
this  omission  rescues  the  10th  article  of  the  Convention 
from  the  charge  of  essential  deviations  from  the  12th  in 
the  Scheme,  and  as  it  shows  the  latter  to  be  equally  lia- 
ble, with  the  former,  to  the  objections  made  against  it  in 
my  report,  I  think  it  my  duty  to  enclose  a  note  of  this 
variation,  between  the  original  Scheme  and  the  copy  in 
this  office,  that  Congress  may  have  an  opportunity  of 
making  any  further  order  that  they  may  think  proper  on 
on  the  subject. 

I  confess  that  the  Scheme  now  appears  to  me  more 
ineligible  than  I  before  thought  it,  though  I  am  still  of 
opinion,  that  the  only  prudent  way  of  getting  over  this 
unpleasant  business,  is  to  conclude  a  Convention  similar 
even  to  the  Scheme  as  it  now  appears  to  be,  and  render 
its  inconveniences  temporary  by  an  article  limiting  its 
duration. 

With  great  respect  and  esteem,  I  have  the  honor  to  be, 
&c. 

JOHN  JAY. 

P.  S.  The  French  packet  will  sail  the  15th  instant. 


332         J°HN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 


Note  of  the  difference  between  the  12th  article  of  the 
Scheme  of  the  Convention,  entered  into  in  the  year  1782, 
on  the  Journal  belonging  to  the  Office  for  Foreign  Af- 
fairs, and  the  said  article  in  the  original  Scheme,  record- 
ed in  the  Secret  Journal  in  the  Secretary's  Office : 

12th  Article  as  in  the  Office 
Copy. 

They,  (Consuls,  and  Vice  Con- 
suls,) may  cause  to  be  arrested 
and  sequestered,  every  vessel 
carrying  the  flag  of  their  respec- 
tive nations.  They  may  cause  to 
be  arrested  and  detained  in  the 
country,  sailors,  and  deserters  of 
their  respective  nations,  or  cause 
them  to  be  transported  there- 
from. 


12th  Article  as  in  the  original 

Scheme. 

They,  (Consuls,  and  Vice  Con- 
suls, )  may  cause  to  be  arrested 
and  sequestered,  every  vessel 
carrying  the  flag  of  their  respec- 
tive nations,  and  even  send  them 
back  to  France  or  the  United  States 
as  the  case  may  be,  as  well  as  ar- 
rest any  captain,  master,  seaman, 
or  passenger  of  their  respective  na- 
tions. They  may  cause  to  be  ar- 
rested, and  detained  in  the  coun- 
try, sailors,  and  deserters  of  their 
respective  nations,  or  cause  them 
to  be  transported  therefrom. 

The  scored  (italicized)  lines  shew  where  the  copy 
which  Mr.  Jay  used  when  he  made  his  report  on  the 
consular  Convention  deviates  from  the  original. 

N.  B.  There  were  in  that  copy  several  other  varia- 
tions from  the  original,  to  the  number  of  twenty  in  the 
whole,  all  of  which  are  now  corrected,  but  as  none  of 
them,  except  the  above  mentioned,  materially  affect  Mr. 
Jay's  Report,  it  is  not  thought  necessary  to  enumerate 
them  in  this  note. 


DIPLOMATIC  CORRESPONDENCE.  333 

FROM  MONSIEUR  OTTO  TO  JOHN  JAY. 

Translation. 

New  York,  October  9,  1786. 
Sir, 

I  take  the  liberty  to  request  of  you  a  communication 
of  the  resolution,  which  Congress  have  taken  concerning 
the  consular  Convention.  As  that  resolution  has  been 
taken  in  consequence  of  a  note,  which  I  have  had  the 
honor  to  send  to  the  United  States,  by  order  of  his  Ma- 
jesty, it  appears  proper  that  I  transmit  to  my  court  the 
determination,  which  that  Assembly  has  been  pleased  to 
take.  I  shall  be  much  obliged  to  you  for  this  new  proof 
of  your  goodness. 

I  am,  with  respect,  &c. 

OTTO. 


FROM  JOHN  JAY  TO  MONSIEUR  OTTO. 

Office  for  Foreign  Affairs,     ? 
October  12,  1786. 5 

Sir, 

On  receiving  the  letter  you  did  me  the  honor  to  write 
on  the  9th  instant,  I  immediately  communicated  it  to 
Congress,  and  in  obedience  to  their  order,  I  have  now 
the  honor  ]of  informing  you,  "  that  as  their  communications 
to  his  most  Christian  Majesty,  will  be  officially  made  by 
their  Minister,  resident  at  his  court,  they  do  not  think  it 
necessary  to  accept  your  polite  offer  of  conveying  any 
they  may  direct  concerning  the  consular  Convention." 
I  have  the  honor  to  be,  &tc. 

JOHN  JAY. 


334    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 
FROM  MONSIEUR  OTTO  TO  JOHN  JAY. 

Translation. 

New  York,  October  23,  1786. 
Sir, 

I  have  the  honor  to  address  to  you  a  letter  which  his 
Majesty  charges  me  to  present  to  the  United  States 
assembled  in  Congress,  to  acquaint  them  with  the  birth 
of  a  princess.  The  new  assurances  of  affection  enter- 
tained in  that  letter,  cannot  fail  of  being  agreeable  to  the 
United  States.  They  correspond  so  well  with  all  the 
orders  I  have  received,  since  I  have  had  the  honor  to 
manage  the  affairs  of  the  King  in  America,  that  I  have 
reason  to  think  myself  happy  to  have  been  charged 
with  transmitting  them. 

I  have  the  honor  to  be,  &c. 

OTTO. 


FROM  THE  KING  OF  FRANCE  TO  CONGRESS. 

Translation. 
To  our  very  dear  great  Friends  and  Allies,  the  President 

and  Members  of  the  General  Congress  of  the  United 

States  of  North  America, 

Very  dear  great  Friends  and  Allies,  we  are  well  con- 
vinced, that  you  will  participate  in  the  satisfaction  we 
derive  from  the  happy  delivery  of  the  Queen,  our  very 
dear  spouse,  of  a  princess.  The  entire  confidence  we 
place  in  the  sentiments,  of  which  we  flatter  ourselves 
you  will  renew  the  evidence  on  this  occasion,  answer  to 
you  for  the  desire  we  shall  always  have  to  give  you  more 
and  more  proofs  of  our  affection,  and  of  our  constant. 


DIPLOMATIC  CORRESPONDENCE.  335 

friendship  for  you  ;  wherefore,  we  pray  God  to  keep  you 
very  dear  great  Friends  and  Allies,  in  his  holy  protec- 
tion.    Written  at  Versailles,  the  9th  July,  1786. 
Your  good  Friend  and  Ally. 

LOUIS. 
GRAVIER  DE  VERGENNES. 


FROM  JOHN  JAY  TO  MONSIEUR  OTTO. 

New  York,   December  18,   1786. 
Sir, 

The  letter  from  his  most  Christian  Majesty  to  Con- 
gress, which  I  had  the  honor  of  receiving,  enclosed  with 
yours  to  me  of  the  23rd  October,  was  immediately  laid 
before  Congress.  The  absence  of  the  members  occa- 
sioned by  their  annual  election  and  other  circumstances, 
did  not  admit  of  conveying  their  answer  by  the  last 
packet.  As  soon  as  a  sufficient  number  of  States  shall 
be  represented,  I  am  persuaded  they  will  be  happy  to 
embrace  the  earliest  opportunity  of  congratulating  his 
Majesty  on  the  birth  of  the  Princess,  and  assuring  him 
of  the  pleasure  they  derive  from  that  and  every  other 
event  that  can  add  to  the  happiness  of  himself  and 
family. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


336         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 
FROM    MONSIEUR    OTTO    TO    JOHN    JAY. 

Translation. 

New  York,  December  21,  1786. 
Sir, 

I  have  received  the  letter  which  you  did  me  the  honor 
to  write  on  the  18th  of  this  month.  However  long  may 
be  the  delay  attending  the  answer  which  Congress  pur- 
pose to  make  to  the  letter  of  the  King,  his  Majesty  will 
never  have  room  to  doubt  the  sincerity  of  the  sentiments 
of  which  that  assembly  have  so  often  given  him  proofs, 
and  of  which  you  are  pleased  to  give  me  fresh  assur- 
ances. 

Several  members  of  Congress  having  inquired  of  me, 
with  a  degree  of  earnestness,  whether  the  news  concern- 
ing the  pretended  exchange  with  Spain,  in  the  Southern 
part  of  this  continent  was  well  founded,  I  cannot  answer 
that  question  better  than  by  communicating  to  you  the 
following  passage,  in  a  despatch  from  the  Count  De 
Vergennes,  of  the  25th  August  last.  "  The  exchange 
"  of  Louisiana  for  a  French  possession  in  the  West  In- 
"  dies,  has  never  been  in  question.  And  if  any  thing 
"  should  be  again  said  of  it,  you  will  be  pleased  to  deny 
"  it  formally." 

I  am,  with  respect,  &c. 

OTTO. 


DIPLOMATIC  CORRESPONDENCE.  337 

FROM    MONSIEUR    OTTO    TO    JOHN    JAY. 

Translation. 

New  York,  October  23,  1786. 
Sir, 

I  have  the  honor  to  address  to  you,  the  subjoined 
extract  of  the  despatch  from  M.  the  Count  De  Vergennes, 
of  which  I  had  the  honor  to  speak  to  you.  The  gazettes 
mentioned  in  this  extract  contain  many  articles,  by  which 
it  is  insinuated  that  we  have  a  great  interest  to  excite  the 
Barbary  powers  against  the  United  States.  The  licen- 
tiousness of  thepublic  papers  might  be  prejudicial  to  the 
good  correspondence  which  so  happily  subsists  between 
the  two  nations,  if  the  reports  of  the  public  officers  did 
not  make  known  the  true  sentiments  and  moderation  of 
the  respective  powers. 

I  have  the  honor  to  be,  &c. 

OTTO. 


Extract  of  a  letter  from  Monsieur   the   Count  De  Ver- 
gennes to  Monsieur  Otto,  of  August  25,  1786. 

Translation. 

"  You  can  assure  the  Congress  that  the  King  will 
seize  with  eagerness  all  occasions  to  facilitate  their  good 
intelligence  with  the  Barbary  powers.  This  assembly 
without  doubt  have  been  informed  of  the  support,  that 
his  Majesty  affords  to  the  American  commissioners,  who 
negotiate  at  Algiers  and  at  Morocco  ;  the  treaty  which 
has  been  recently  signed  with  this  last  power,  and  which 
will  probably  be  published  in  America,  will  be  the  best 
refutation  of  the  suspicions  which  many  public  papers 
are  willing  to  inspire  against  our  system  of  policy.  " 
VOL.  i.—  43 


338         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

FROM  JOHN    JAY    TO  MONSIEUR  OTTO. 

New  York,  November  2,  1786. 
Sir, 

Permit  me  to  introduce  to  you  the  bearer,  Colonel 
Talbot,  a  gentleman  greatly  distinguished  by  gallant 
actions  during  the  late  war.  He  has  two  sons  whom  he 
wishes  to  educate  for  the  sea,  and  to  place  on  board  a 
French  vessel,  under  the  orders  and  direction  of  some 
officer  of  merit.  Various  reasons  induce  him  to  prefer 
one  of  the  King's  packets.  He  is  desirous  to  know 
whether  his  sons  could  be  received  on  board,  and  if  so, 
requests  to  be  favored  with  your  advice  on  the  occasion. 
It  is  natural  to  presume  that  young  Americans,  brought 
up  under  French  officers,  will  have  a  predilection  for  the 
French  nation,  and  I  am  persuaded  that  you  concur  with 
me  in  wishing  to  promote  the  most  friendly  intercourse 
and  connexion  between  our  two  countries. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


FROM  MONSIEUR  OTTO  TO  JOHN  JAY. 

Translation. 

New  York,  November  3,  1786. 
Sir, 

I  received  the  letter  which  you  did  me  the  honor  to 
write  me  recommending  the  sons  of  Mr.  Talbot,  a  distin- 
guished officer  in  the  service  of  the  United  States.  I 
instantly  conferred  with  M.  de  la  Foret  on  the  subject, 
who  is  particularly  charged  with  every  thing  relating  to" 


DIPLOMATIC  CORRESPONDENCE.  339 

the  Marine.  It  appears  that  since  the  new  ordinance, 
there  will  be  certain  difficulties  to  surmount,  either 
because  there  is  no  regulation  as  to  the  admission  of 
strangers  into  the  King's  service,  or  because  this  ordi- 
nance expressly  fixes  the  age  of  sixteen  for  volunteers. 
We  flatter  ourselves  however  that  we  shall  be  able  to 
second  your  views  respecting  Mr.  Talbot's  sons,  and 
though  it  is  impossible  to  fix  them  immediately  on  board 
his  Majesty's  packets,  we  will  ask  permission  from  the 
Minister  directly,  which  must  however  occasion  a  delay 
of  five  or  six  months. 

I  entirely  coincide,  sir,  with  your  remarks  in  support 
of  your  request.  It  is  essential  to  facilitate  more  and 
more,  the  connexions  between  the  two  nations,  and 
nothing  can  more  contribute  towards  this,  than  recipro- 
cally to  admit  the  subjects  of  each  nation  into  sea  or  land 
service. 

I  am,  &c. 

OTTO. 


FROM  MONSIEUR  OTTO  TO  JOHN  JAY. 

Translation. 

New  York,  May  20,  1787. 

Sir, 

I  have  the  honor  to  send  you  herewith  a  copy  of  a 
letter  from  the  Count  de  Montmorin,  accompanied  with 
another  letter  written  to  him  by  the  Marshal  de  Castries  on 
the  subject  of  Colonel  Talbot's  request.  It  is  with  the  great- 
est satisfaction  I  find  that  the  new  Minister  is  no  less  dis- 
posed, than  Count  de  Vergennes  was,  to  render  himself 
agreeable  to  the  United  States  by  every  good  office,  and 


340         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

that  he  is  particularly  disposed  to  be  serviceable  to  such 
of  your  fellow  citizens  as  have  the  advantage  of  being 
countenanced  by  you. 

I  have  already  advised  with  Colonel  Talbot  as  to  the 
least  expensive  mode  of  sending  his  sons  to  France,  and 
I  hope  that  he  will  be  perfectly  satisfied  with  our  mea- 
sures on  that  head. 

I  am,  &c. 

OTTO. 


FROM  THE  COUNT  DE  MONTMORIN  TO  MONSIEUR  OTTO. 

Translation. 

Versailles,  March  21,  1787. 
Sir, 

You  addressed  a  letter  the  4th  of  November  to  the 
Count  de  Vergennes  from  Mr.  Jay,  who  supported  with 
his  recommendation  Colonel  Talbot's  desire  of  entering 
his  two  sons  on  board  his  Majesty's  navy  in  quality  of 
volunteers.  The  Marshal  de  Castries  to  whom  I  com- 
municated this  request  sent  me  the  answer  of  which  you 
have  a  copy  herewith,  you  will  be  pleased  to  communi- 
cate it  to  Mr.  Jay.  He  will  assuredly  see  with  satisfac- 
tion that  the  dispositions  of  the  Marshal  de  Castries  are 
as  he  wishes. 


FROM  THE  MARSHAL  DE  CASTRIES  TO  THE  COUNT  DE 
MONTMORIN. 

Versailles,  February  26,  1787. 

The  services  which  Colonel  Talbot,  an  American 
Colonel,  rendered  to  one  of  our  squadrons  during  the  last 
war,  lead  me  to  second  his  wishes  to  procure  a  berth  for 


DIPLOMATIC  CORRESPONDENCE.  341 

two  of  his  sons  in  his  Majesty's  navy.  These  young 
people  can  come  to  one  of  the  ports  in  France,  and 
when  I  shall  be  informed  of  their  arrival,  I  will  give 
orders  for  their  being  employed  in  the  capacity  of  volun- 
teers of  the  third  class,  relieving  them  on  account  of  a 
particular  regard  for  the  friendly  power  whose  subjects 
they  are,  and  on  account  of  the  attachment  their  father 
has  shewn  to  France,  from  the  previous  formalities  and 
conditions  prescribed  by  the  ordinance  for  arriving  to  this 
grade.  I  beg  that  you  will  let  Colonel  Talbot  know  of 
this  disposition  through  Mr.Otto,  Charge  d' Affaires  for 
France  to  the  United  States. 


FROM    THE    COUNT    DE    MOUSTIER    TO    JOHN   JAY. 

Translation. 

New  York,  February  4,  1788. 
Sir, 

My  health  being  considerably  re-established,  I  have 
the  pleasure  of  addressing  to  you  the  annexed  copy  of  my 
letter  of  credence  in  quality  of  Minister  Plenipotentiary, 
of  his  Majesty,  to  the  Congress  of  the  United  States.  I 
request  the  favor  of  you  to  communicate  it  to  that  assem- 
bly, to  the  end  that  they  may  fix  a  day  which  shall  appear 
to  them  the  most  convenient  to  give  me  a  public  audience. 

I  greatly  regret,  sir,  that  the  fatigues  of  a  long  voyage 
have  retarded  the  request  which  I  have  the  honor  now  to 
make  to  you.  I  dare  to  flatter  myself  that  the  United 
States  will  not  be  the  less  convinced  of  the  zeal  which  ani- 
mates me,  and  of  the  sincerity  of  the  assurances  of  friend- 
ship which  I  shall  give  them,  in  the  name  of  his  Majesty. 


342          JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

I  ought  to  suppose,  sir,  that  on  this  occasion  the  same 
ceremonial  will  be  followed  which  was  observed  at  the 
reception  of  my  predecessors,  but  as  I  have  not  received 
any  official  communication  on  this  subject,  I  request  the 
favor  of  you,  previously,  to  communicate  to  me  the  inten- 
tions of  Congress. 

I  have  the  honor  to  be,  &c. 

THE  COUNT  DE  MOUSTIER. 


REPORT  OF  JOHN  JAY  TO  CONGRESS. 

Office  for  Foreign  Affairs,  ) 
February  12,  1788.      $ 

The  Secretary  of  the  United  States  for  the  Department 
of  Foreign  Affairs,  to  whom  was  referred  a  letter  of  the 
4th  instant,  from  the  Count  de  Moustier,  enclosing  a 
copy  of  his  letter  of  credence,  requesting  that  a  day 
be  fixed  for  his  public  audience,  and  intimating  an  ex- 
pectation that  the  ceremonial  will  be  the  same  as  in 
the  cases  of  his  predecessors,  Reports, 
That  in  his  opinion  it  would  be  proper  to  name  as  early 
a  day  as  may  consist  with  the  convenience  of  Congress, 
for  receiving  the  Count. 

That  he  has  perused  and  considered  the  ceremonials 
heretofore  used  on  such  occasions,  and  that  they  appear 
to  him  to  put  much  less  distinction  between  an  Ambassa- 
dor and  a  Minister,  than  the  laws  and  actual  practice  of 
civilized  nations  have  established. 

That  considering  the  past  and  present  state  of  American 
affairs,  he  thinks  it  might  not  be  so  advisable  to  correct 
mistakes  relative  to  matters  of  ceremony  and  etiquette 


DIPLOMATIC  CORRESPONDENCE.  343 

at  this  period,  as  when  the  proposed  plan  of  Government 
shall  begin  to  operate.  He,  therefore,  is  of  the  opinion 
that  it  would  be  best  to  receive  this  Minister  in  the  same 
manner  as  his  predecessor,  and  the  Dutch  Minister  were 
received.  \Jiift 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM  THE  COUNT  DE  MOUSTIER  TO  JOHN  JAY. 

Translation. 

New  York,  February  4,  1788. 
Sir, 

I  have  the  honor  of  addressing  to  you  the  annexed  copy 
of  a  letter  of  the  recall  of  the  Chevalier  de  la  Luzerne, 
my  predecessor,  with  a  letter  which  that  Minister  has 
written,  by  order  of  his  Majesty,  to  the  President  of  Con- 
gress, to  take  leave.  I  hope  the  expressions  of  friehdship 
and  affection  contained  in  those  pieces  will  be  agreeable 
to  the  United  States. 

I  have  the  honor  to  be,  &c. 

THE  COUNT  DE  MOUSTIER. 


FROM    THE    KING    OF    FRANCE  TO  THE  CONGRESS  OF  THE 
UNITED    STATES. 

Translation. 

Very  dear  great  Friends  and  Allies, 
The  Chevalier  de  la  Luzerne  having  terminated  the 
time  which  we  had  fixed  for  his  residence  with  you,  in 
quality  of  our  Minister  Plenipotentiary,  we  have  ordered 


344          JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

him  to  take  leave  of  you  by  writing.  The  prudent  and 
enlightened  conduct  which  he  constantly  observed,  during 
the  course  of  his  mission,  add  to  the  proofs  which  he  had 
before  given  us  of  his  zeal  for  our  service.  We  are  per- 
suaded he  will  equally,  to  our  satisfaction,  acquit  himself 
of  the  order  we  have  given  him  to  assure  you,  in  terms 
the  most  expressive,  of  our  affection,  and  of  our  sincere 
friendship  for  you.  He  cannot,  too  strongly,  paint  to 
you  the  lively  interest  which  we  take  in  the  prosperity  of 
the  United  States,  in  general,  and  in  that  of  each  of  them 
in  particular.  On  this  we  pray  God  that  he  will  have 
you,  very  dear  great  Friends  and  Allies,  in  his  holy 
keeping. 

Done  at  Versailles,  the  30th  Sept.  1787. 

Your  good  Friend  and  Ally. 

LOUIS. 
COUNT  DE  MONTMORIN. 


FROM  THE  CHEVALIER  DE  LA  LUZERNE  TO  THE  PRESI- 
DENT OF  CONGRESS. 

Translation. 

Paris,  1787. 

The  King  having  thought  proper  to  destine  me  to 
another  service  than  that  of  Minister  Plenipotentiary 
near  Congress,  I  have  the  honor  of  addressing  to  you  my 
letter  of  recall,  and  of  requesting  that  it  may  be  present- 
ed to  that  assembly. 

The  advantage  which  I  enjoyed  for  six  years,  of  ne- 
gotiating upon  the  greatest  and  most  important  affairs 
with  Congress,  an  intimate  knowledge  of  those  great 


DIPLOMATIC  CORRESPONDENCE.  345 

statesmen  and  patriots,  who  successively  composed  that 
illustrious  body,  are  sure  guarantees  of  the  respect  and 
admiration  which  I  entertain  for  them. 

I  shall  never  forget  that  the  most  pleasing  moments  of 
my  life,  have  been  those,  when  charged  with  the  man- 
agement of  the  interests  of  the  two  great  allies,  I  have 
been  so  fortunate  as  to  see  constantly,  the  most  perfect 
confidence  and  harmony  prevail.  Prosperity  as  well  as 
adversity  have  served  to  bind  still  closer  the  ties  of  our 
union,  founded  on  justice  ;  and  what  has  perhaps  never 
happened  before  in  an  alliance  of  this  nature,  not  for  a 
single  moment  has  a  coolness  or  uneasiness  existed ;  but 
it  has  been  crowned  by  the  most  brilliant,  the  most  glo- 
rious, and  the  most  useful  of  revolutions.  Never  shall 
I  forget  the  marks  of  personal  confidence,  which  I  have 
received  from  Congress  on  various  occasions.  Absent 
from  them,  I  console  myself  with  the  reflection,  that  my 
successor,  by  his  zeal  and  talents,  will  easily  place  my 
feeble  services  in  oblivion. 

Condescend,  sir,  to  be  the  interpreter  of  my  senti- 
ments to  that  illustrious  assembly  over  which  you  pre- 
side, my  unceasing  prayers  shall  henceforth  be  offered 
up  for  a  nation,  whose  firmness  and  patriotism  have 
caused  the  admiration  of  the  universe. 

Accept,  sir,  individually,  &c. 

DE  LA  LUZERNE. 


VOL.  i.— 44 


346          JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

REPORT    OF     JOHN    JAY    ON    THE    LETTER    OF    THE    CHE- 
VALIER   DE    LA    LUZERNE. 

Office  for  Foreign  Affairs,  ? 
March  13,  1788.      $ 

The  Secretary  of  the  United  States  for  the  Department 
of  Foreign  Affairs,  to  whom  was  referred  a  letter  of 

•    the day   of 1787,  from  the  Chevalier  de 

la  Luzerne  to  his  Excellency  the  President  of  Con- 
gress, Reports : 
That  in  his  opinion  it  would  be  proper  that  he  should 

write  to  the  Chevalier  a  letter  of  the  following  tenor  : 

Sir, 

His  Excellency  the  President  laid  before  Congress, 
your  letter  of  recall,  together  with  the  one  that  enclosed 
it ;  and  I  have  the  honor,  in  obedience  to  their  orders, 
to  assure  you,  that  had  you  resumed  your  former  place 
near  them,  you  would  have  received  fresh  and  continued 
marks  of  that  esteem  with  which  the  manner  in  which 
you  fulfilled  the  duties  of  it,  very  early  impressed  them. 
They  have  heard  with  pleasure,  of  the  recent  and  ho- 
norable proof  which  the  King  has  given  you  of  his  con- 
fidence ;  and  as  your  attachment  and  services  to  this 
country  will  always  be  remembered,  so  you  will  always 
have  the  best  wishes  of  Congress,  that  success  and  pros- 
perity may  attend  you  to  every  station,  to  which  your 
distinguished  merit  and  talents  may  induce  the  King  to 
call  you. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE.  347 


Office  for  Foreign  Affairi,      ? 
May  30,  1788.  J 

The  Secretary  of  the  United  States  for  the  Department  of 
Foreign   Affairs,   to  whom   was  referred  two   letters 
from  his  most  Christian  Majesty,  dated  the  30th  Sep- 
tember last :  Reports, 
That  in  his  opinion  the  following  answers  to  them 

would  be  proper,  viz  : 

Great  and  beloved  Friend  and  Ally, 
The  conduct  of  your  Majesty's  Minister,  the  Cheva- 
lier de  la  Luzerne,  during  his  residence  with  us,  was 
commendable  and  satisfactory,  and  it  gives  us  pleasure  to 
assure  you,  that  we  entertain  a  high  opinion  of  his  merit. 
The  manner  in  which,  by  his  Majesty's  order,  he  has 
taken  leave  of  us,  manifests  his  attention  to  your  dignity 
and  interests,  and  affords  strong  evidence  of  his  attach- 
ment to  the  prosperity  and  happiness  of  these  States. 
We  pray  God  to  have  you  our  great  and  beloved  Friend 
and  Ally,  in  his  holy  keeping. 

Written  at  New  York,  the  day  of  ty 

your  good  friends,  the  United  States  of  America  in  Con- 
gress assembled. 

Great  and  beloved  Friend  and  Ally, 
The  choice  you  have  been  pleased  to  make  of  the 
Count  de  Moustier  to  succeed  the  Chevalier  de  la  Lu- 
zerne is  perfectly  agreeable  to  us.  We  flatter  ourselves 
that  he  will  with  equal  zeal  and  ability  with  his  predeces- 
sor endeavor  to  promote  and  reconcile  the  essential  inte- 
rests of  both  countries,  and  study  to  preserve  and  in- 


348         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

crease  the  mutual  attachment  and  intercourse  which  hap- 
pily subsists  between  them. 

We  receive  with  great  pleasure  the  kind  and  explicit 
assurances  of  friendship  contained  in  your  Majesty's  let- 
ter of  the  30th  September  last ;  a  long  series  of  important 
good  offices  have  afforded  us  ample  proofs  of  it,  and  we 
cannot  omit  this  occasion  of  conveying  to  you  our  sincere 
acknowledgments  for  the  recent  marks  exhibited  in  the 
commercial  favors  you  have  lately  been  pleased  to  confer 
on  the  United  States.  We  pray  God  to  have  you,  our 
great  and  beloved  Friend  and  Ally,  in  his  holy  keeping. 

Written  at  New  York,  the day  of by 

your  good  friends,  the  United  States  of  America  in  Con- 
gress assembled. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM  THE  COUNT  DE  MOUSTIER  TO  JOHN  JAY. 

Translation. 

Tuesday,  February  19,  1788. 

The  Count  De  Moustier  having  just  received  an  in- 
vitation from  the  President  of  Congress,  to  dine  with 
him  on  Tuesday  the  19th,  presumes  it  means  this  very 
day;  which  he  has  also  accidentally  heard  has  been 
fixed  on  by  Congress  for  his  audience.  As  it  is  not  to 
be  supposed  that  he  can  be  instructed  on  this  head,  but 
through  Mr.  Jay,  and  by  his  answer  to  the  letter  which 
he  had  the  honor  of  writing  him  the  4th  instant,  he  re- 
quests that  he  will  be  pleased  to  communicate  to  him 
the  resolution  of  Congress,  that  he  may  regulate  himself 


DIPLOMATIC  CORRESPONDENCE.  349 

accordingly.  Fearing  lest  he  should  receive  information 
too  late,  he  may  not  be  able  to  obtain  certain  eclair ecisse- 
ments  that  may  be  necessary  for  him  and  which  he 
cannot  be  acquainted  with. 


FROM    JOHN    JAY    TO    THE    COUNT    DE    MOUST1ER. 

Office  for  Foreign  Affaire,     7 
February  19,   1788-5 

Sir, 

On  receiving  the  letter  which  you  did  me  the  honor 
to  write  on  the  4th  instant,  I  immediately  communicat- 
ed it,  together  with  the  paper  it  enclosed,  to  Congress ; 
I  have  now  the  pleasure  to  inform  you  that  they  have 
been  pleased  to  order  that  you  be  received  and  admitted 
to  a  public  audience  on  Tuesday  the  26th  of  this  month, 
at  twelve  o'clock ;  and  that  the  ceremonial  be  such  as 
you  will  find  detailed  in  the  paper  herewith  enclosed. 
I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


Extract  from  the  Journal 

February  14,  1788. 

"  The  Secretary  for  Foreign  affairs  having  transmit- 
ted to  Congress,  a  letter  from  the  Count  De  Moustier, 
together  with  a  copy  of  a  letter  of  credence,  by  which 
it  appears  that  his  most  Christian  Majesty  has  appointed 
the  Count  to  succeed  the  Chevalier  de  la  Luzerne  in 
quality  of  his  Minister  Plenipotentiary  to  the  United 


350          JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

States  of  America ;  and  the  said  Minister  having  request- 
ed that  this  may  be  communicated  to  Congress,  that 
they  may  fix  a  day  which  shall  appear  to  them  the  most 
convenient,  to  give  him  a  public  audience. 

Resolved,  That  the  said  Count  de  Moustier  be  re- 
ceived as  Minister  Plenipotentiary,  from  his  most  Chris- 
tian Majesty,  and  that  agreeably  to  his  request,  he  be 
admitted  to  a  public  audience,  on  Tuesday  the  26th  of 
the  present  month,  in  the  room  where  Congress  assem- 
bles. 

Ordered,  That  the  Secretary  for  Foreign  Affairs  in- 
form the  honorable  the  Minister  of  the  United  Nether- 
lands, and  his  Catholic  Majesty's  Encargado  de  Nego- 
cios  of  the  public  audience  to  be  given  to  the  honora- 
ble the  Minister  Plenipotentiary  of  his  most  Christian 
Majesty." 


FROM  THE  COUNT  DE  MOUSTIER  TO  JOHN  JAY. 

Translation. 

New  York,  February  20,  1788. 
Sir, 

I  have  received  the  letter  which  you  did  me  the  honor 
to  write  me,  informing  me  of  the  resolution  which  Con- 
gress have  been  pleased  to  take  the  14th  of  this  month, 
relative  to  my  public  audience. 

In  consequence  of  the  mode  prescribed  by  the  cere- 
monial, which  you  have  taken  the  trouble  to  communi- 
cate to  me,  I  enclose,   herewith,  the   speech  which  I 
propose  to  make  at  the  time  of  my  reception. 
I  have  the  honor  to  be,  &c. 

LE  COUNT  DE  MOUSTIER. 


DIPLOMATIC  CORRESPONDENCE.  351 

SPEECH    OF    THE    COUNT    DE    MOUSTIEE. 

Gentlemen  of  Congress, 

The  relations  of  friendship  and  affection  which  subsist 
between  the  King,  my  master,  and  the  United  States, 
have  been  established  on  a  basis  which  cannot  but  daily 
acquire  a  new  degree  of  solidity.  It  is  satisfactory  to  be 
mutually  convinced  that  an  alliance,  formed  for  obtaining 
a  glorious  peace,  after  efforts  directed  by  the  greatest 
wisdom  and  sustained  with  admirable  constancy,  must 
always  be  conformable  to  the  common  interests,  and  that 
it  is  a  fruitful  source  of  infinite  advantages  to  both  nations, 
whose  mutual  confidence  and  intercourse  will  increase  in 
proportion  as  they  become  better  known  to  each  other. 

The  King,  who  was  the  first  to  connect  himself  with 
the  United  States,  as  a  sovereign  power,  to  second  their 
efforts  and  favor  their  interests,  has  never  ceased,  since 
that  memorable  period,  to  turn  his  attention  to  the  means 
of  proving  to  them  his  affection.  This  sentiment  directs 
the  prayers  which  his  Majesty  forms  for  their  prosperity. 
Their  success  will  always  interest  him  sensibly,  and  there 
is  reason  to  hope  for  it,  from  the  wisdom  of  the  measures 
which  they  will  adopt. 

To  this  solemn  assurance  of  interest  and  attachment  on 
the  part  of  the  King,  to  the  unanimous  sentiment  of  the 
nation,  and  to  the  fervent  wishes  of  a  great  number  of  my 
countrymen,  who  have  had  the  ad  vantage  to  be  associated 
in  the  military  toils  and  success  of  the  United  States, 
permit  me  to  add  those  which  I,  in  particular,  entertain 
for  the  growth  and  glory  of  these  States.  I  at  length  en- 
joy the  satisfaction  of  having  it  in  my  power  here  to  tes- 
tify the  profound  veneration  with  which  I  have  been  con- 


352        JOHN  JAY- SEC.  FOR  FOREIGN  AFFAIRS. 

stantly  penetrated  for  a  people  who  have  been  able  to  fix, 
from  their  birth,  the  attention  of  the  most  considerable 
powers  in  Europe,  and  whose  courage  and  patriotism 
have  astonished  all  nations.  My  happiness  will  be  com- 
plete, gentlemen,  if  I  succeed,  by  my  zeal  and  most 
constant  cares,  to  merit  your  esteem,  your  confidence 
and  your  approbation. 

The  task  which  I  have  to  accomplish  appears  to  me  to 
be  the  more  difficult,  as  in  succeeding  a  Minister  who 
held  a  place  near  you,  Gentlemen,  with  which  I  am 
now  honored,  I  am  far  from  enjoying  the  advantages 
which  he  derived  from  his  talents,  his  knowledge,  and 
those  circumstances  which  placed  him  in  the  most  inti- 
mate relations  with  you.  I  will  endeavor  to  resemble  him 
at  least,  by  the  greatest  attention  to  promote  and  give 
success  to  whatever  may  contribute  to  the  satisfaction, 
the  glory,  and  the  prosperity  of  the  United  States. 

THE  COUNT  DE  MOUSTIER. 


REPORT  OF  JOHN  JAY  TO  CONGRESS. 

Office  for  Foreign  Affairs,      ? 
February  21,  1788.  ) 

The  Secretary  of  the  United  States  for  the  Department 
of  Foreign  Affairs,  having  received  a  copy  of  the 
Speech  which  Count  de  Moustier  purposes  to  make  on 
Tuesday  the  26th  February  instant,  reported  the  fol- 
lowing answer  to  it,  viz : 

Sir, 
It  will  always  give  us  pleasure  to  acknowledge  the 

'friendship  and  important  good  offices  which  we  have  ex- 


DIPLOMATIC  CORRESPONDENCE.  353 

perienced  from  his  most  Christian  Majesty,  and  your 
generous  nation;  and  we  flatter  ourselves  that  the  same 
principles  of  magnanimity  and  regard  to  mutual  conve- 
nience, which  dictated  the  connexions  between  us,  will 
continue  to  operate,  and  to  render  them  still  more  exten- 
sive in  their  benefits  to  the  two  countries. 

We  consider  the  alliance  as  involving  engagements 
highly  interesting  to  both  parties,  and  we  are  persuaded 
that  they  will  be  observed  with  entire  and  mutual  good 
faith. 

•  We  are  happy  in  being  so  explicitly  assured  of  the 
continuance  of  his  Majesty's  friendship  and  attachment, 
and  in  this  opportunity  of  expressing  the  high  sense  we 
entertain  of  their  sincerity  and  value.  It  is  with  real 
satisfaction,  sir,  that  we  receive  you  as  Minister  Plenipo- 
tentiary ;  especially  as  your  character  gives  us  reason  to 
expect  that  the  harmony  and  interests  of  both  nations 
will  not  be  less  promoted  by  your  talents,  candor,  and 
liberality,  than  they  were  by  those  which  distinguished 
your  predecessor,  and  recommended  him  to  our  esteem 
and  regard. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM    THE    COUNT    DE    MOUSTIER    TO    JOHN    JAY. 

Translation. 

New  York,  May  28,  1788. 
Sir, 

I  have  the  honor  to  send  you  herewith,  a  note,  which, 
considering  the  importance  of  its  contents,  I  must  request 
VOL.  i.— 45 


354         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

you  will  immediately  lay  before  Congress,  so  that  that 
assembly  may  have  time  to  take  it  into  consideration  be- 
fore the  departure  of  the  packet,  which  is  fixed  for  the 
10th  of  next  month,  and  to  send  Mr.  Jefferson  such  in- 
structions as  they  may  judge  proper. 
I  have  the  honor  to  be,  &c. 

THE  COUNT  DE  MOUSTIER. 


NOTE. 

Translation. 

The  undersigned  Minister  Plenipotentiary  of  France 
has  the  honor  of  informing  the  United  States  in  Congress 
assembled,  that  he  has  received  an  order  from  his  court 
to  demand  the  delivery  of  a  French  captain,  who  has 
been  guilty  of  a  crime,  the  punishment  of  which  is  equally 
interesting  to  every  commercial  nation. 

Joseph  Marie  Anne  Ferrier,  a  native  of  Cette  in 
Languedoc,  commanding  the  Brig  David,  was  despatched 
from  the  Cape,  in  the  Island  of  St.  Domingo,  for  Nantz, 
the  1st.  July  1787,  with  a  cargo  of  one  hundred  thousand 
pounds  weight  of  coffee  belonging  to  different  persons. 
Under  pretence  of  some  leaks  which  were  discovered  in 
his  vessel,  he  directed  his  course  for  Norfolk  in  Virginia, 
where  he  arrived  the  26th  of  the  same  month. 

The  Sieur  Oster,  the  King's  Vice  Consul,  having  gone 
on  board  to  visit  the  vessel  and  appoint  inspectors,  in 
order  to  prove  her  condition,  in  conformity  with  his 
Majesty's  ordinances,  found  from  the  depositions  of  some 
passengers,  that  the  said  Ferrier  had  not  intended  to  go 
to  France,  as  he  had  only  taken  in  provisions  for  fifteen 
days ;  that  the  evening  before  he  left  the  Cape,  he  clan- 


DIPLOMATIC  CORRESPONDENCE.  355 

destinely  sold  a  part  of  his  cargo ;  that  in  order  for  a 
pretext  to  stop  at  Virginia,  and  there  sell  his  vessel,  he 
had  several  leaks  made  on  purpose  in  the  hold,  by  which 
means  12,000  Ibs.  of  coffee  were  damaged,  which  the  Sieur 
Oster  was  obliged  to  order  to  be  sold  at  auction  ;  that  he 
had  wickedly  thrown  overboard,  an  anchor  of  750  Ibs.,  a 
large  cable  of  120  fathoms,  some  topmasts,  and  other 
things  belonging  to  his  brig.  In  short,  to  conceal  his 
misdemeanors,  he  kept  at  sea  a  false  journal,  which  he 
signed  himself,  and  caused  his  mate  and  crew  to  do  the 
same,  in  order  to  make  it  appear  that  he  had  been 
obliged  to  renounce  his  voyage  to  Nantz  and  stop  at  the 
Chesapeake. 

Captain  Ferrier  being  informed  of  these  depositions, 
and  fearing  the  consequences  of  his  crime,  deserted  with 
his  mate  and  the  other  accomplices,  but  he  was  taken  by 
the  inhabitants  and  brought  back  to  the  Sieur  Oster,  who 
sent  him  prisoner  on  board  the  French  ship  the  Jason, 
after  permission  obtained  from  the  Mayor  of  Norfolk. 
The  culprit  underwent  an  examination  on  the  6th 
December,  and  confessed  the  crime  of  which  he  was 
accused.  The  process  being  finished,  the  Sieur  Oster 
called  an  assembly  of  the  merchants  belonging  to  his 
nation,  in  which  it  was  resolved  that  Ferrier  should  be 
sent  to  Nantz  to  be  judged  by  the  officers  of  the  admi- 
ralty. He  wrote  at  the  same  time  to  the  Governor  of 
Virginia,  giving  him  an  account  of  all  these  particulars 
and  requesting  the  consent  of  the  Council  to  send  the  said 
Ferrier  to  France,  in  the  vessel  which  he  had  commanded. 
He  received  no  answer  to  this  letter,  which  was  dated 
the  2nd  October,  copy  of  which  (No.  1.)  is  annexed: 
but  on  the  7th  November,  a  sheriff  went  on  board  the 


356         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

French  ship  with  a  writ  to  arrest  the  said  Ferrier  as  a 
debtor  for  £50  to  a  Frenchman,  resident  in  Norfolk. 
The  criminal  was  accordingly  liberated  after  giving  bail  to 
appear  at  the  first  county  court.  The  Sieur  Oster  wrote 
a  second  time  to  the  Governor  complaining  of  this 
irregular  procedure,  and  reclaiming  not  only  the  captain, 
but  the  other  criminals.  He  received  no  answer  but  the 
ones  annexed,  (No.  2,  3.) 

After  these  particulars,  the  undersigned  has  the  honor 
to  represent,  that  it  is  very  surprising,  that  notwithstand- 
ing the  official  information  which  had  been  given  the  2nd 
October,  concerning  the  crimes  of  which  Captain  Fer- 
rier had  been  convicted,  he  should  be  liberated  the  7th 
November  under  pretence  of  a  civil  action  of  50  pounds  ; 
that  condemned  in  irons,  on  board  a  French  vessel,  by 
the  Consul  of  his  nation,  and  with  the  consent  of  the 
Mayor  of  Norfolk,  he  was  taken  away  on  a  suit  brought 
by  a  Frenchman,  who  ought  to  have  acknowledged  the 
jurisdiction  and  authority  of  his  Consul,  but  who  very 
likely,  was  in  concert  with  the  criminal  to  effect  his 
escape;  in  short,  that  the  magistrates  have  facilitated  this 
escape,'  without  any  regard  to  the  complaints  which  were 
made  by  his  Majesty's  Vice  Consul,  a  conduct  the  more 
extraordinary  as  by  a  law  of  1779,  the  State  of  Virginia 
authorizes  the  Consuls  of  powers  which  have  acknow- 
ledged the  independence  of  the  United  States,  to  claim 
the  deserters  from  the  vessels  of  their  nations,  to  judge 
differences  between  their  subjects  agreeably  to  the  laws 
of  the  country,  and  to  execute  their  sentences,  provided, 
they  do  not  pronounce  corporal  punishment.  It  was  in 
consequence  of  this  law  that  the  Sieur  Oster  obtained 
full  and  entire  satisfaction  in  August,  1784,  in  a  case 
similar  to  the  one  in  question. 


DIPLOMATIC  CORRESPONDENCE.  357 

But  even,  were  this  Vice  Consul  unsupported  by  any 
particular  law,  he  might  found  his  claim  on  the  common 
rights  of  nations,  on  the  mutual  ties  between  allied 
powers,  on  the  treaty  of  commerce,  and  the  consular 
convention,  which  was  the  consequence  of  it,  on  the  pro- 
cedure which  took  place  in  a  similar  case  in  1784,  on 
the  reciprocity  invariably  established  in  France,  on  the 
interests  of  every  commercial  nation,  that  a  crime  of 
this  nature  should  not  remain  unpunished :  in  short,  on 
the  dignity  of  Virginia,  which  would  be  particularly 
exposed,  if  one  could  suspect  that  State  of  encouraging 
and  protecting  villains,  proscribed  by  the  laws  of  every 
civilized  nation. 

In  consequence  of  these  observations,  the  undersigned 
Minister  has  received  orders  to  claim  the  criminal,  and  if 
by  a  connivance,  which  is  not  very  likely,  and  which 
would  be  very  wide  of  the  principles  of  justice  and  mo- 
deration which  Virginia  has  so  often  displayed,  Captain 
Ferrier  has  found  means  of  escaping,  he  demands  to  be 
informed  of  the  motives  that  determined  the  magistrates 
to  pay  no  respect  to  the  well  founded  and  pressing 
claims  of  the  Vice  Consul  of  France,  and  to  elude  not 
only  the  law,  which  was  passed  in  1779,  but  the  princi- 
ples which  form  the  basis  of  every  consular  establish- 
ment, which  are  formally  adopted  by  the  Convention 
between  his  Majesty  and  the  United  States,  signed  by 
the  respective  Plenipotentiaries,  and  which  have  been 
hitherto  religiously  observed  in  the  Kingdom  with  re- 
spect to  the  citizens  of  the  United  States. 

The  undersigned,  Minister,  has  the  honor  of  remind- 
ing, on  this  occasion,  the  United  States  in  Congress  as- 
sembled, agreeably  to  an  express  order  received  from  his 


358         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

court,  of  the  necessity  of  concluding  as  speedily  as  pos- 
sible, the  last  formalities  which  may  have  been  neglected, 
in  order  to  give  every  suitable  effect  to  the  aforesaid 
convention,  and  to  represent  to  them,  the  propriety  of 
giving  definitive  instructions  on  this  head,  to  their  Min- 
ister Plenipotentiary  near  his  Majesty. 

The  interest  which  the  King  has  always  taken  in  the 
prosperity  of  the  commerce  between  the  Kingdom  and 
the  United  States,  is  manifested  on  every  occasion  too 
evidently,  for  his  Majesty  not  to  expect  on  their  part, 
every  necessary  step  to  secure  a  perfect  reciprocity, 
the  only  solid  basis,  on  which  the  advantages  granted  by  his 
Majesty  to  the  commerce  of  the  United  States  can  exist. 
THE  COUNT  DE  MOUSTIER. 

New  York,  May  28,  1788. 


COPY  OF  THE  FIRST  LETTER  WRITTEN  BY  MONSIEUR 
OSTER,  THE  KING'S  VICE  CONSUL,  TO  MR.  RANDOLPH, 
GOVERNOR  OF  VIRGINIA, REFERRED  TO  AS  NO  1. 

Translation. 

Norfolk,  October  2,  1787. 
Sir, 

I  have  the  honor  to  inform  your  Excellency,  that  on 
the  26th  July  last,  there  entered  this  port,  the  brig 
David,  Captain  Joseph  Marie  Anne  Ferrier,  of  the 
city  of  Cette,  in  Languedoc,  under  pretence  of  distress, 
and  that  on  examination  of  the  conduct  of  the  captain 
by  myself,  he  being  now  in  my  power,  as  also  from  the 
depositions  made  in  my  presence,  it  appears,  and  is 
proved, 


DIPLOMATIC  CORRESPONDENCE.  359 

That  Captain  Ferrier  sailed  the  first  July  last,  from 
the  Cape  for  Nantz,  with  a  cargo  on  freight,  of  above 
one  hundred  thousand  pounds  weight  of  coffee,  belonging 
to  different  persons; 

That  he  had  but  fifteen  days  provision  for  his  pas- 
sage, which  evidently  proves  that  it  was  not  his  inten- 
tion to  go  to  the  place  of  his  destination  ; 

That  the  evening  before  his  departure  from  the  cape, 
whilst  in  the  road,  he  sold  and  clandestinely  delivered 
in  the  night,  a  great  part  of  his  cargo  ; 

That  a  few  days  after,  he  also  sold  at  sea,  another 
part  of  his  cargo  to  a  captain  of  a  sloop,  which  followed 
him,  and  with  whom  he  had  agreed  at  the  cape ; 

That  to  accomplish  this  collusion,  he,  together  with 
his  mate,  named  Bastard,  corrupted  the  crew,  and  forced 
a  passenger  to  participate  in  his  robbery  ; 

That  to  excuse  his  stopping,  and  to  cause  damage,  in 
order  to  oblige  his  vessel  to  be  sold,  he  made  two  leaks, 
one  in  the  hold,  and  the  other  in  the  gun  room,  which 
occasioned  forty  inches  water,  and  damaged  twelve 
thousand  pounds  of  coffee  ;  which  I  ordered  to  be  sold  at 
public  sale,  in  order  to  avoid  a  total  loss  ; 

That  in  order  to  give  a  better  appearance  to  his 
fraudulent  and  affected  stopping,  he  wickedly  threw  into 
the  sea,  an  anchor  of  seven  hundred  and  fifty  pounds,  a 
large  cable  of  one  hundred  and  twenty  fathoms,  top- 
masts, yards,  and  a  quantity  of  other  things  belonging  to 
his  brig. 

And  in  short,  to  cover  his  misconduct  with  some  show 
of  speciousness,  he  kept  at  sea  two  journals,  the  one 
true,  the  other  false,  and  he  also  fabricated  a  false  verbal 
process,  which  he  dared  to  affirm  as  true,  and  signed  it, 


360         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

and  caused  it  to  be  signed  by  his  crew,  with  intent  to 
prove  that  he  had  been  obliged  to  renounce  his  voyage 
to  Nantz,  and  to  put  in  wherever  he  could. 

All  these  facts  being  authentically  proved,  I  propose, 
sir,  with  your  Excellency's  consent,  to  send  the  crimi- 
nal to  France,  in  his  own  vessel,  with  the  instructions  of 
his  process  agreeably  to  the  ordinances,  to  be  judged 
according  to  the  exigency  of  the  case,  by  the  officers  of 
the  admiralty  of  Nantz,  where  the  vessel  will  be  dis- 
charged. 

As  the  sending  of  him  away  ought  immediately  to 
take  place,  as  also  the  punishment  of  his  crime  being 
necessary  for  the  support  of  good  order  and  the  public 
confidence,  I  hope  that  your  Excellency  and  the  honora- 
ble Council  will  approve  of  the  same,  and  that  you  will 
be  pleased,  sir,  to  acknowledge  as  soon  as  possible  the 
receipt  of  this  letter. 

The  following  persons,  having  been  Captain  Terrier's 
accomplices,  viz  :  Joseph  Bastard,  Joseph  Grance,  Louis 
Borniche,  Jean  Marie  Jouy,  'Noel  Kequelay,  Jean  Au- 
bert,  Jean  La  Pierre,  Jean  Jacques  and  Jean  Claude 
Martel,  all  composing  the  crew  of  the  brig  David,  from 
which  they  have  deserted,  and  the  duty  of  my  office 
compelling  me  to  seize  all  the  abettors  if  possible,  I 
must  request  your  Excellency  to  grant  me  the  necessary 
order,  or  warrant,  for  the  purpose  of  apprehending  them, 
by  means  of  constables  or  other  officers  of  justice  be- 
longing to  the  State.  If  nothing,  as  I  conceive,  prevents 
the  granting  of  this  order  to  me,  I  must  earnestly  re- 
quest, sir,  that  you  will  be  kind  enough  to  send  it  to  me 
as  soon  as  it  shall  be  made  out.  It  will  particularly 
serve  to  justify  my  diligence. 

I  have  the  honor  to  be,  &c. 


DIPLOMATIC  CORRESPONDENCE.  361 

COPY  OF  THE  SECOND  LETTER  FROM  MONSIEUR  OSTER, 
THE  VICE  CONSUL  OF  FRANCE,  TO  THE  GOVERNOR  OF 
VIRGINIA. No.  2. 

Translation. 

Norfolk,  November  11,  1787. 

Sir, 

The  2nd  of  last  month,  I  had  the  honor  of  giving  you 
an  account  of  the  motives  which  determined  me  to  act 
with  severity  against  a  French  captain  named  Joseph 
Marie  Anne  Ferrier ;  and  as  this  criminal  had  accom- 
plices, that  it  was  my  duty  to  search  them  out;  I,  at  the 
same  time,  requested  that  your  Excellenc/  would  be 
pleased  to  grant  me  the  necessary  orderjf  to  claim  them, 
and  arrest  them  in  whatever  district  of  the  State  they 
might  be  found. 

My  letter  to  your  Excellency,  on  this  subject,  being 
still  unanswered — not  knowing  whether  the  Honorable 
Council  have  any  rea^ns  why  they  should  not  grant  my 
request — and  it  bewig  necessary,  on  this  occasion,  to  jus- 
tify my  conduct,  I  once  more  take  the  liberty,  sir,  to  re- 
quest that  you  will  be  so  good  as  to  grant  me  the  order 
mentioned  in  my  aforesaid  letter,  and  if  there  is  no  objec- 
tion against  its  being  made  out  forme,  I  beg  that  you  will 
include,  therein,  captain  Ferrier,  who  was  taken  from  his 
prison  by  surprise,  and  liberated,  the  7th  instant,  by  vir- 
tue of  a  simple  writ,  obtained  by  a  person  called  Breton, 
on  an  ill  founded  claim  for  fifty  pounds. 

This  surprise  having  happened  on  board  a  French  ves- 
sel, and  through  a  frivolous  pretext,  it  cannot  be  dissem- 
bled that  it  is  absolutely  contrary  to  good  order — to  the 
confidence   and   security   of  commerce,   which   nations, 
VOL.  i.— 46 


362         JOHN  JAY— SEC.   FOR  FOREIGN  AFFAIRS. 

closely  united  by  solemn  treaties,  are  interested  in  sup- 
porting and  encouraging  in  their  respective  possessions. 
It  is  accordingly,  in  consequence  of  these  principles  that, 
in  quality  of  his  Majesty's  Vice  Consul  in  the  republic 
of  Virginia,  I  take  the  first  opportunity  of  complaining  to 
your  Excellency  on  this  subject,  and  of  claiming,  in  the 
strongest  terms,  your  good  offices  and  authority,  that,  on 
such  occasions  in  future,  measures  may  be  adopted  as  will 
not  counteract  the  functions  entrusted  to  me,  respecting 
the  French  subjects,  depending  on  my  vice  consulate ; 
and  particularly,  such  as  are  criminal  and  within  my 
power,  as  was  Captain  Ferrier. 

Agreeably  to  all  publications  on  the  subject  of  the  rights 
of  nations  allied  in  a.  double  point  of  view,  such  as  France 
and  the  United  States  happily  are,  Captain  Ferrier  ought 
never  to  have  been  entirely  ivithdrawn  from  under  my  de- 
pendence. As  a  criminal  and  publicly  acknowledged 
such,  the  sheriff  who  took  him,  instead  of  giving  him  his 
liberty  with  bail,  and  without  any  particular  reason,  ought 
to  have  held  him  a  prisoner  in  the  prison  of  the  country, 
and  to  have  kept  him  there  until  he  had  satisfied  his  en- 
gagements, and  afterwards  returned  him  to  me.  This 
officer  should  the  rather  have  acted  in  this  manner,  az  he 
knew  that  I  had  obtained  permission  from  the  chief  Ma- 
gistrate in  Norfolk,  to  apprehend  the  criminal. 

This  opinion,  which  arises  from  the  principles  of  that 
justice  which  nations  ought  to  cultivate,  and  which  is  the 
basis  of  all  society,  as  well  as  the  safest  bond,  of  com- 
merce, I  am  persuaded  that  your  Excellency  will  think 
so  likewise,  and  grant,  that  without  this  virtue,  which 
ought  to  be  respected,  human  society  would  degenerate 
to  a  band  of  ruffians. 


DIPLOMATIC  CORRESPONDENCE.  353 

Such,  sir,  are  the  reasons  on  which  I  found  the  claim 
which  I  take  the  liberty  of  now  making  on  your  authority 
and  influence,  in  order  to  prevent,  in  future,  through  friv- 
olous pretexts,  that  the  law  respecting  debtors  be  not 
used  in  favor  of  French  transgressors,  who  shall  be  found 
amenable  to  the  ordinances  of  his  Majesty,  without  in- 
fringing those  of  the  republic  over  which  you,  with  so 
much  wisdom,  preside. 

I  have  the  honor,  &c. 


FROM   GOVERNOR   RANDOLPH    TO    MONSIEUR   OSTER,    VICE 
CONSUL   OF    FRANCE. 

Richmond,  November  22,  1787. 
Sir, 

As  soon  as  the  Council  had  decided  on  your  applica- 
tion of  the  2nd  ultimo,  for  aid  in  the  execution  of  your 
authority  upon  a  French  subject,  charged  with  an  offence 
against  the  laws  of  France,  I  did  myself  the  honor,  by 
a  private  hand,  of  informing  you  of  the  result.  I  now 
find,  by  your  letter  of  the  llth  instant,  received  late  last 
evening,  that  my  letter  had  not  reached  you.  I  there- 
fore, now  repeat,  that  it  is  the  opinion  of  the  Executive, 
that  they  cannot  interfere  or  lend  assistance  in  the  case 
which  you  mentioned.  This  opinion  proceeds  not  from 
any  disinclination  to  support  the  consular  power,  but  from 
the  fixed  principle  of  our  Government,  that  no  authority 
can  be  exercised  by  any  body  of  men,  to  whom  it  has 
not  been  duly  delegated.  The  only  law  existing  on  this 
subject,  is  one  passed  in  1780,  and  of  which  you  have  a 
full  knowledge.  I  must,  therefore,  refer  you  to  it,  and 


364         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

doubt  not  that  you  will  discover  from  thence,  that  it 
would  not  justify  us  in  granting  the  process  which  you 
wish. 


Extract  of  a  law  of  the  State  of  Virginia,  entitled  an 
act  for  the  protection  and  encouragement  of  the  com- 
merce of  such  powers  as  have  acknowledged  the  inde- 
pendence of  the  United  States  of  America.  Octo- 
ber, 1779. 

"  It  shall  be  lawful  for  the  said  Consul  to  take  cogni- 
zance of  all  differences,  controversies  and  litigations 
arising  between  subjects  or  citizens  of  his  own  State 
only,  and  finally  to  determine  and  compose  them  accord- 
ing to  such  rules  or  laws  as  he  shall  think  Jit,  and  such 
determinations  to  carry  into  execution.  And  where  he 
shall  require  aid  for  executing  the  same,  it  shall  be  law- 
ful for  the  Governor  with  the  advice  of  the  Council  of 
State,  using  their  discretion  therein,  to  order  any  sheriff 
within  his  own  county  or  any  military  officer  whatsoever, 
to  execute  or  to  aid  and  assist  in  executing  any  such 
determination ;  provided  the  same  does  not  extend  to  life 
or  limb  of  the  offender.  Where  any  sailor,  seaman  or 
marine,  belonging  to  any  vessel  of  such  State,  within  this 
Commonwealth;  shall  desert  or  be  found  wandering  from 
his  vessel,  it  shall  be  lawful  for  the  master  of  such  vessel 
to  reclaim  such  sailor,  seaman  or  marine,  notwithstand- 
ing they  may  in  the  meanwhile  have  been  naturalized  in 
this  commonwealth ;  and  any  justice  of  the  peace  to 
whom  the  master  shall  apply,  shall  grant  his  warrant  for 
taking  and  conveying  such  sailor,  seaman  or  marine  from 


DIPLOMATIC  CORRESPONDENCE.  365 

constable  to  constable  to  the  said  vessel,  or  on  applica- 
tion from  the  Consul,  the  Governor,  with  the  advice 
of  the  Council  of  State,  may  issue  such  orders  to  any 
sheriff,  constable,  or  military  officer,  who  shall  yield  due 
obedience  thereto." 


FROM   JOHN   JAY    TO    THE    MINISTER     PLENIPOTENTIARY 
OF  FRANCE. 

New  York,  May  29,  1788. 
Sir, 

I  have  received  the  letter  you  did  me  the  honor  to 
write  yesterday.  As  soon  as  the  papers  which  accompanied 
it,  can  be  translated,  they  shall  be  laid  before  Congress, 
and  nothing  on  my  part  shall  be  omitted  to  expedite  the 
business  they  respect. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


REPORT  OF  JOHN  JAY  TO  CONGRESS. 

Office  for  Foreign  Affairs,      } 
June  6,  1788.  $ 

The  Secretary  of  the  United  States,  for  the  Department 
of  Foreign  Affairs,  to  whom  was  referred  a  note  from 
the  Minister  Plenipotentiary  of  France,  dated  the 
28th  May  with  the  paper  that  accompanied  it :  Re- 
ports, 

That  this  note,  for  the  facts  and  reasons  therein  set  forth, 
contains  a  requisition  that  Joseph  Marie  Anne  Ferrier,  a 
Frenchman  now  in  the  commonwealth  of  Virginia,  be 


366         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

delivered  to  the  orders  of  his  most  Christian  Majesty ; 
and  this  note  also  urges  Congress  to  ratify  the  consular 
convention,  heretofore  concluded  in  behalf  of  the  two 
countries  by  their  respective  Ministers. 

With  respect  to  the  requisition,  your  Secretary  is  of 
opinion,  as  the  facts  and  circumstances  alleged  in  the 
note  are  so  stated  as  at  least  to  imply  a  complaint  against 
the  Executive  of  Virginia,  that  a  copy  of  the  said  note, 
and  of  the  papers  which  accompanied  it  should,  previous 
to  any  other  steps  or  measures,  be  transmitted  to  his 
Excellency  the  Governor  of  that  commonwealth,  and 
that  he  be  requested  to  communicate  to  Congress,  such 
information  on  the  subject  as  may  appear  to  him  proper 
and  necessary. 

With  respect  to  the  consular  convention,  it  does  not 
seem  necessary  that  any  further  communication  relative  to 
it  be  made  to  the  Minister,  than  that  instructions  on  that 
head  have  been  given  to  Mr.  Jefferson. 

All  which  is  submitted  to  the  wisdom  of  Congress, 

JOHN  JAY. 


FROM  JOHN  JAY    TO  THE  GOVERNOR  OF  VIRGINIA. 

Office  for  Foreign  Affairs,      y 
June  13,  1788.  3 

Sir,  ]'^l 

In  pursuance  of  the  orders  of  Congress,  I  have  the 
honor  of  transmitting  to  your  Excellency  herewith  en- 
closed, copies  of  a  note  from  the  Minister  of  France, 
dated  the  28th  ultimo,  and  of  the  papers  which  accom- 
panied it,  to  the  end  that  you  may  communicate  to  Con- 


DIPLOMATIC  CORRESPONDENCE.  367 

gress  the  necessary  information  on  the  subject.  I  am 
also  directed  to  signify  to  your  Excellency,  that  it  is  the 
sense  of  Congress,  that  Joseph  Marie  Anne  Ferrier,  men- 
tioned in  the  said  note,  ought  to  be  apprehended  in  order 
to  be  dealt  with  according  to  the  nature  of  the  case. 
With  sentiments  of  esteem  and  respect,  &c. 

JOHN  JAY. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs, 
June  13th,  1788. 

"  The  Committee,  consisting  of  Mr.  Hamilton,  Mr. 
Dane,  Mr.  Dayton,  Mr.  Otis,  and  Mr.  Carrington,  to 
whom  was  referred  a  report  of  the  Secretary  for  Foreign 
Affairs  on  a  note  from  the  Minister  Plenipotentiary  of 
France,  of  the  28th  May  :  Report, 

That  it  appears  by  the  said  note  and  the  papers  which 
accompany  it,  that  the  person  mentioned  therein,  to  wit  : 
Joseph  Marie  Anne  Ferrier,  commander  of  the  brig 
David,  is,  in  substance,  charged  with  betraying  his  trust, 
and  running  away  with  a  cargo  of  coffee  ;  that  the  exe- 
cution of  his  design  is  alleged  to  have  been  begun  at  the 
Cape,  continued  by  certain  acts  on  the  high  seas,  and 
completed  in  the  Commonwealth  of  Virginia:  Where- 
upon, 

Resolved,  That  the  Secretary  for  Foreign  Affairs  be, 
and  he  is  hereby  directed,  to  transmit  the  said  note  of 
the  Minister  Plenipotentiary  of  France,  of  the  28th  May 
last,  to  the  Executive  of  the  Commonwealth  of  Viiv 
ginia,  to  the  end  that  the  said  Executive  may  commu- 
nicate to  Congress  the  necessary  information  on  the  sub- 


368         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

ject ;  and  also  to  signify  to  the  said  Executive,  that  it  is 
the  sense  of  Congress,  that  the  said  Joseph  Marie  Anne 
Ferrier  ought  to  be  apprehended,  in  order  to  be  dealt 
with  according  to  the  nature  of  the  case ;  and  that  the 
said  Secretary  be,  and  is  hereby  directed,  to  inform  the 
said  Minister  Plenipotentiary,  that  instructions  have  already 
been  given  to  the  Minister  of  the  United  States  at  the 
Court  of  France,  concerning  the  consular  convention 
referred  to  in  his  note." 


FROM    THE    COUNT    DE    MOUSTIER    TO    JOHN    JAY. 

Translation. 

New  York,  August  11,  1788. 
Sir, 

I  have  the  honor  to  inform  you  that  I  am  on  the  point 
of  setting  out  on  a  journey,  the  duration  of  which  I 
cannot  foresee ;  and  that  during  my  absence,  M.  Otto 
will  be  charged  with  the  affairs  of  his  Majesty,  as  he 
was  before  my  arrival  in  America.  I  request  the  favor 
of  you  to  inform  the  Congress  of  it,  and  to  give  full 
confidence  to  the  communications  which  he  may  make 
in  that  capacity  ;  I  have  no  doubt  he  will  continue  to 
merit  the  good  opinion  which  that  assembly  may  have 
already  received  of  his  zeal. 

I  have  the  honor  to  be,  &c. 

THE  COUNT  DE  MOUSTIER. 


DIPLOMATIC  CORRESPONDENCE.  369 


FROM    JOHN    JAY    TO    THE    COUNT    DE    MOUSTIER. 

Office  for  Foreign  Affairs,      } 
August  12,  1788.  5 

Sir, 

I  have  received  and  communicated  to  Congress,  the 
letter  which  you  did  me  the  honor  to  write  on  the  1 1  th 
instant,   and  with   the  best  wishes  that  your  proposed 
journey  may  conduce  to  your  health  and  your  pleasure. 
,     I  am,  with  great  respect,  &c. 

JOHN  JAY. 


FROM    JOHN    JAY    TO    THE    COUNT    DE    MOUSTIER. 

Office  for  Foreign  Affairs,     ? 
October  16,  1788.  $ 

Sir,  x       . 

Agreeably  to  my  engagement,  I  have  now,  the  honor 
of  transmitting  to  you,  herewith  enclosed,  copies  of  the 
two  letters  from  his  Excellency  the  Governor  of  Vir- 
ginia, of  the  30th  June,  and  2nd  July,  and  of  the  papers 
referred  to  in  the  letter  relative  to  the  case  of  Ferrier. 
With  great  respect,  &c. 

JOHN  JAY. 


FROM  GOVERNOR  RANDOLPH  TO  JOHN  JAY. 

Richmond,  June  30,  1788. 
Sir, 

Your  favor  of  the  13th  June,  came  to  hand  the  night 
before  last  only.     I  could  not  answer  it  without  advising 
with  the  Council  of  State,  which  did  not  assemble  until 
VOL.  i.— 47 


370    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

to-day.  It  is  our  purpose  to  give  the  Count  de  Moustier 
every  satisfactory  information  in  our  power ;  and,  there- 
fore, have  adjourned  the  further  consideration  of  his  note 
until  Wednesday.  But  in  the  meantime  I  cannot  help 
expressing  a  wish  that  the  consular  Convention,  to  which 
the  Minister  alludes,  had  been  communicated  to  us,  if  it 
existed.  If  we  have  contravened  that  compact,  we  have 
erred  unknowingly ;  this  being  the  first  time  that  we  have 
ever  heard  of  its  completion. 

I  have  the  honor,  &c. 

EDM:  RANDOLPH. 


FROM    GOVERNOR    RANDOLPH    TO   JOHN  JAY. 

Richmond,  July  2,  1788. 
Sir, 

The  Executive  of  Virginia  have  reviewed  every  in- 
stance of  their  intercourse  with  the  representatives  and 
subjects  of  his  most  Christian  Majesty.  But  after  the 
most  accurate  and  unbiassed  inquiry,  they  are  yet  unable 
to  discover  in  what  respect  their  friendship  for  the  great 
ally  of  the  United  States  has  justly  been  brought  into 
suspicion.  Judge  then,  sir,  how  much  their  sensibility 
has  been  roused,  when  they  read  the  note  of  the  Count 
de  Moustier,  concerning  Joseph  Marie  Anne  Ferrier,  in- 
timating, in  terms  poignant  though  polite,  that  positive 
laws,  the  common  rights  of  nations,  mutual  ties  between 
allied  powers,  the  treaty  of  commerce,  a  consular  Con- 
vention, and  an  established  precedent,  had  been  violated, 
to  cover  from  punishment  an  enemy  to  human  society. 
They  will  not,  however,  refuse  an  explanation  of  the  mo- 
tives by  which  they  have  been  influenced. 


DIPLOMATIC  CORRESPONDENCE.  871 

It  is  still  the  firm  opinion  of  the  Executive,  that  it 
transcended  their  powers  to  gratify  M.Oster  in  his  request 
of  the  2nd  of  October,  and  of  the  llth  November,  1787. 
Our  constitution  describes  their  functions  to  consist  in 
"  The  exercise  of  the  Executive  powers  of  Government, 
"  according  to  the  laws  of  the  Commomvealth";  and  for- 
bids them,  "  under  any  pretence,  to  exercise  any  power  or 
"  prerogative  by  virtue  of  any  law,  statute  or  custom  of 
"  England  " — thus  excluding  implied  powers.  Our  bill 
of  rights  too,  particularly,  warns  us  in  favor  of  liberty,  by 
declaring  that  "  no  man  shall  be  deprived  of  it,  except  by 
"  the  law  of  the  land,  or  the  judgment  of  his  peers." 

In  no  other  law,  than  that  of  October,  1779,  (see 
No.  1)  do  we  find  even  a  glimpse  of  the  authority,  the 
exertion  of  which  has  been  solicited  by  the  Vice  Consul. 
But  even  under  that  act,  the  Governor  cannot  order  any 
sheriff  or  military  officer  whatsoever,  to  arrest  for  an 
offence  against  the  laws  of  France;  and,  therefore,  could 
not  command  the  arrest  of  Joseph  Marie  Anne  Ferrier, 
in  order  that  he  might  be  transported,  for  such  a  crime,  to 
France  for  trial.  Nay,  its  context  and  language  confine 
the  interposition  of  the  Executive  to  determinations  of 
differences,  controversies,  and  litigations  arising  between 
subjects,  or  citizens  of  a  foreign  State,  not  extending  to 
life  or  limb ;  and  to  the  taking  and  conveying  of  a  sailor, 
seaman  or  marine,  to  his  vessel. 

Could  "  the  mutual  tics  between  allied  powers,''  permit 
an  unlimited  indulgence  of  our  respect  to  the  wishes  of 
his  most  Christian  Majesty  or  his  Minister,  we  might, 
perhaps,  have  yielded  to  the  importunities  of  M.  Oster. 
But  in  the  use  of  official  discretion,  we  are  bound  to  dis- 
card considerations  not  warranted  by  duty.  We  are 


372    JOHN  JAY— SEC.  FOK  FOREIGN  AFFAIRS. 

bound  to  deny  every  obligation  not  arising  from  the  law  of 
nations,  the  treaty  of  commerce  or  some  consular  Con- 
vention. 

We  shall  not  question  the  right  of  the  Minister  to  de- 
mand Ferrier  under  the  law  of  nations ;  although  it  is  not, 
perhaps,  indisputably  certain,  that  in  every  nation  in 
Europe,  a  demand  of  such  a  culprit  would  be  obeyed. 
Nor  shall  we  discuss  the  idea  of  an  allegiance,  unaltera- 
bly due  from  him  to  his  Christian  Majesty ;  and  a  per- 
petual amenability  to  his  edicts ;  although  the  genius  of 
our  Government  seems  not  to  distinguish,  in  the  present 
case,  with  regard  to  personal  protection,  between  foreign- 
ers owing  a  temporary  fidelity,  commensurate  only  with 
their  stay  in  our  country,  and  established  citizens;  still 
less  are  we  inclined  to  deny  the  power  of  Congress  to 
enforce  a  surrender  of  Ferrier,  although  we  are  yet  to 
learn  in  what  page  of  the  Confederation  it  is  expressly 
delegated  to  them.  But  we  rather  grant,  for  the  sake  of 
avoiding  every  appearance  of  equivocation,  that  these 
positions  correspond,  in  truth,  with  the  sentiments  and 
pretensions  of  the  Minister.  Even  with  this  powerful 
train  of  concessions,  it  will  not  follow  that  the  Executive 
of  Virginia,  possessing  certain  defined  powers  under  a 
constitution,  can  usurp  others,  upon  no  other  or  better 
ground,  than  that  there  is  a  national  right,  for  the  protec- 
tion of  which  no  constitutional  or  legislative  provision 
has  yet  been  made. 

That  -the  admission  of  Consuls  is  stipulated  in  the 
treaty  of  commerce,  is  true :  but  it  is  equally  well  found- 
ed, that  not  being  public  Ministers,  they  enjoy  no  immu- 
nities or  authorities,  (except  a  certain  degree  of  inviola- 
bility in  their  persons,)  which  are  not  marked  out  by 


DIPLOMATIC  CORRESPONDENCE.  373 

treaty  or  custom,  and  that  none  such  are  marked  out  by 
the  treaty  of  commerce.  "  Custom  then,  (we  are  taught 
"  by  a  celebrated  civilian,)  is  to  be  the  rule,;  fora  prince 
"  receiving  a  Consul  without  express  conditions,  is  sup- 
"  posed  to  receive  him  on  the  footing  of  custom."  The 
existence  of  an  American  custom,  on  the  subject  of  Con- 
suls, is  to  us  unknown ;  nay,  the  possibility  of  its  exist- 
ence, so  recently  after  the  birth  of  the  American  Govern- 
ment, and  in  derogation  of  State  constitutions,  is  not,  per- 
haps, free  from  doubt.  Believing  too,  that  the  French 
customs,  with  regard  to  Consuls,  are  not  conformable 
with  the  genius  of  Virginia,  and  have  never,  in  a  single 
example,  been  announced  by  Congress,  as  conformable 
with  their  views ;  recollecting,  that  for  the  specification  of 
consular  functions,  which,  according  to  the  treaty  of  com- 
merce, were  to  be  settled  by  particular  agreements,  a 
Convention  was  begun  in  the  year  1,781,  between  Con- 
gress and  his  Christian  Majesty,  and  never  having  heard 
of  its  completion,  we  cannot  acknowledge  the  sufficiency 
of  the  Minister's  complaint  on  this  head. 

We  have  said,  sir,  that  the  completion  of  the  conven- 
tion, if  it  has  taken  place,  has  not  been  promulged  to  us. 
This  fact  will  acquit  us  of  a  designed  infraction  of  it. 

The  Minister  recurs  to  a  precedent,  an  extract  from 
which  is  now  sent.  But  neither  that  nor  any  other  act, 
which  appears  on  our  files,  has  authorized  any  officer  of 
Virginia  to  assist  the  Vice  Consul  in  arresting  for  an  of- 
fence against  the  laws  of  France.  If  aid  has  been  given 
in  a  case  wherein  such  an  offence  was  an  ingredient,  we 
must  have  proceeded  on  imperfect  information.  See 
No.  2. 

The  foregoing   observations  are  intended,  as  an  an- 


374          JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

swer,  to  Mr.  Oster's  letter  of  the  2nd  of  October  1787. 
In  a  great  measure,  it  will  serve  as  a  reply  to  that  of 
November  the  llth  1787,  by  shewing  the  defect  of  our 
authority,  to  restore  Ferrier  to  his  custody.  But  we 
beg  leave  to  subjoin,  that  if  the  act  of  the  public  officer, 
in  withdrawing  Ferrier  from  the  Jason,  was  unlawful,  it 
belonged  to  the  Judiciary,  not  the  Executive,  to  de- 
clare it  so :  That  if  it  was  lawful,  the  Executive  could 
not  wrest  him  from  the  hands  of  that  officer ;  especially 
as  Mr.  Oster  might  have  reclaimed  him,  after  his  dis- 
charge ;  and  caused  a  mulct  to  be  imposed  on  the 
Sheriff,  if  that  discharge  was  improper. 

It  is  our  sincere  hope,  that  this  explanation  may  prove 
satisfactory  to  the  Minister  of  his  Christian  Majesty. 
But  should  we  be  disappointed,  we  have  a  thorough 
persuasion,  that  the  relief  sought  by  Mr.  Oster,  was  far 
beyond  the  scope  of  our  powers. 

I  have  the  honor  to  be,  &c. 

EDM:  RANDOLPH. 


Referred  to  as  No.  1,  in  Mr.  Randolph's  letter. 
An    act   for  the   protection  and  encouragement   of  the 

commerce  of  nations  acknowledging  the  independence 

of  the  United  States  of  America. 

"  1.  For  preserving  friendship  and  harmony  with  those 
•nations,  who  have  or  shall  hereafter  acknowledge  the 
independence  of  the  United  States  of  America ;  speedily 
determining  disputes  wherein  their  subjects  or  citizens 
are.  parties,  protecting  and  encouraging  their  commerce 
within  this  Commonwealth :  Be  it  enacted  by  the  Gene- 


DIPLOMATIC  CORRESPONDENCE.  ,    375 

ral  Assembly,  that  it  shall  be  lawful  for  the  Governor, 
with  the  advice  of  the  Council  of  State,  to  receive  and 
admit,  from  time  to  time,  a  Consul  or  Consuls,  appointed 
by  any  such  State  to  be  resident  within  this  Common- 
wealth ;  such  Consul  if  he  were  not  a  citizen  of  this 
Commonwealth  at  the  time  of  receiving  his  appointment, 
shall  be  deemed  a  subject  or  citizen  of  the  State  from 
which  he  was  appointed,  and  shall  be  exempted  from 
all  personal  services  required  by  the  laws  of  this  Com- 
monwealth from  its  own  citizens  ;  and  if  he  shall  do  any 
act,  which  by  the  laws  of  this  Commonwealth  would 
subject  him  to  criminal  prosecution,  it  shall  be  lawful 
for  the  Governor,  with  the  advice  of  the  Council  of 
State,  in  their  discretion,  either  before  the  prosecution 
instituted,  or  in  any  stage  thereof,  to  remand  such  Con- 
sul to  his  Sovereign  or  State  for  punishment,  and  for  that 
purpose  to  command  -him  to  be  delivered  by  any  civil 
officer  in  whose  custody  he  may  be.  It  shall  be  lawful 
for  the  said  Consul  to  take  cognizance  of  all  differences, 
controversies,  and  litigations,  arising  between  subjects  or 
citizens  of  his  own  State  only,  and  finally,  to  determine 
and  compose  them  according  to  such  rules  or  laws  as 
he  shall  think  fit,  and  such  determinations  to  carry  into 
execution.  And  where  he  shall  require  aid  for  executing 
the  same,  it  shall  be  lawful  for  the  Governor,  with  the 
advice  of  the  Council  of  State,  using  their  discretion 
therein,  to  order  any  sheriff  within  his  own  County,  or 
any  military  officer  whatsoever,  to  execute,  or  to  aid  and 
assist  in  executing  any  such  determination  ;  provided  the 
same  does  not  extend  to  life  or  limb  of  the  offender. 
Where  any  sailor,  seaman,  or  marine,  belonging  to 


376         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

any  vessel  of  such  State  within  this  Commonwealth  shall 
desert,  or  be  found  wandering  from  his  vessel,  it  shall 
be  lawful  for  the  master  of  such  vessel  to  reclaim  such 
sailor,  seaman,  or  marine,  notwithstanding  such  sailor, 
seaman,  or  marine,  may  in  the  mean  time  have  been  na- 
turalized in  this  Commonwealth.  And  any  Justice  of 
the  Peace  to  whom  the  master  shall  apply,  shall  grant 
his  warrant  for  taking  and  conveying  such  sailor,  sea- 
man, or  marine,  from  constable  to  constable  to  the  said 
vessel,  or  on  application  from  the  Consul,  the  Governor, 
with  the  advice  of  the  Council  of  State,  may  issue  such 
orders  to  any  sheriff,  constable  or  military  officer,  who 
shall  yield  due  obedience  thereto.  And  be  it  further 
enacted,  that  any  suit  commenced  in  the  High  Court  of 
Chancery,  or  General  Court,  by  or  against  any  subject 
or  citizen  of  such  State,  shall  be  heard  or  tried  in  the 
term  to  which  the  process  shall  be  returned  regularly 
executed,  or  so  soon  afterwards  as  may  be,  and  to  this 
end,  subsequent  process  to  compel  appearance  may  be 
returnable  to  any  day  of  a  term,  and  rules  to  bring  the 
matter  in  dispute  to  speedy  issue  may  be  given  to  ex- 
pire at  any  shorter  time  than  what  is  prescribed  in 
ordinary  cases.  If  such  suit  be  commenced  in  a  Court 
of  a  County,  City,  or  borough,  it  may  without  any 
other  reason,  on  the  motion  or  petition  of  either  party, 
be  removed  by  writ  of  certiorari,  and  the  hearing  or 
trial  thereof  shall  be  accelerated  by  like  means,  as  if  it 
had  originated  in  the  Court  to  which  it  shall  be  removed. 
And  the  Court  of  Appeals,  High  Court  of  Chancery,  or 
General  Court,  shall  determine  every  such  suit  brought 
before  them,  by  writ  of  error  or  appeal,  with  all  the  ex- 


DIPLOMATIC  CORRESPONDENCE.  377 

pedition  which  the  necessary  forms  of  their  proceedings 
will  allow. 

An  extract  from  the  laws  of  Virginia  truly  copied. 

Attest, 
SAM.  COLEMAN,  A.  C.  C. 


In   Council,  August  21,  1784. 

"  His  Excellency  having  laid  before  the  board,  a  letter 
from  the  Sieur  Oster,  Vice  Consul  of  his  most  Christian 
Majesty  in  this  State,  relative  to  the  conduct  of  Messrs. 
Hallot  and  Amowrouk  of  the  Amiable  Louisa,  the  pro- 
perty of  a  French  subject,  enclosing  the  sentence  of  a 
consular  Court  on  their  conduct,  and  representing  that 
Mr.  Hallot,  whilst  the  said  cause  was  depending,  took 
the  oath  of  allegiance  to  this  State,  and  requiring  the 
aid  of  government  in  carrying  the  said  sentence  into 
execution. 

The  board  advise  that  his  Excellency  according  to  an 
act  of  Assembly  "  for  the  protection  and  encouragement 
of  the  commerce  of  nations,  acknowledging  the  indepen- 
dence of  the  United  States  of  America,"  issue  his  order 
to  all  sheriffs  and  military  officers  within  this  State,  not- 
withstanding Mr.  Hallot  has  taken  the  oath  of  allegiance 
to  this  commonwealth,  requiring  them  to  aid  and  assist  in 
executing  the  said  sentence,  provided  the  same  does  not 
extend  to  the  life  or  limb  of  the  offenders." 

Extract  from  the  journals, 

A.  BLAIR,  C.  C. 


VOL.  i.— 48 


378    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

FROM  THE  COUNT  DE  MOUSTIER  TO  JOHN  JAY. 

Translation. 

New  York,  October  18,  1788. 
Sir, 

In  conformity  with  our  agreement,  I  have  the  honor  of 
enclosing  to  you  a  sketch  of  our  conversation,  respecting 
Mr.  Randolph's  answer,  which  you  have  been  pleased 
to  communicate  to  me.  It  is  far  from  satisfactory, 
although  it  is  drawn  up  with  considerable  address. 
There  is  certainly,  an  irregularity  in  the  conduct  with 
respect  to  Captain  Ferrier.  I  wait  the  decision  of  Con- 
gress, to  inform  my  court  thereof. 

I  have  the  honor  to  be,  &,c. 

THE  COUNT  DE  MOUSTIER. 


Sketch  of  the  Count   de  Moustier's  conversation  with 

Mr.  Jay. 

The  Minister  Plenipotentiary  of  France  observes  with 
much  pain,  that  the  interpretations  given  to  the  laws  of 
nations,  to  the  treaty  of  commerce  between  the  King  and 
the  United  States,  to  a  particular  law  of  the  State  of 
Virginia,  respecting  the  privileges  and  functions  of  Con- 
suls, and  the  ignorance  in  a  particular  State  of  the  con- 
vention signed  by  the  respective  Plenipotentiaries,  on  a 
subject  which  has  been  treated  in  the  name  of  all,  ac- 
cording to  the  only  usual  form  for  all  their  important 
acts,  which  have  established  the  connexions  and  engage- 
ments formed  between  his  Majesty  and  the  United  States, 
have  prevented  attention  being  paid  to  the  demand  made 


DIPLOMATIC   CORRESPONDENCE.  379 

in  the  King's  name  by  his  Minister  Plenipotentiary  to  the 
Congress  of  the  United  States,  for  a  satisfaction  not  only 
interesting  to  a  nation  that  is  particularly  allied  with 
them,  but  to  all  nations  in  general,  as  it  respects  a  crime 
that  is  acknowledged  to  militate  against  the  rights  of 
nations,  a  right  that  is  imprescriptible,  and  not  to  be 
effaced  by  any  other  positive  law  of  any  civilized  State 
whatever. 

It  appears  proper  to  extend  some  secondary  remarks 
on  the  answers,  which  have  been  communicated  to  the 
Count  de  Moustier,  without  touching  the  grounds  of  the 
question,  and  which  are  reduced  to  the  following 
positions: 

1st.  The  crime  which  Captain  Ferrier  is  guilty  of  is 
a  kind  of  piracy,  which  is  not,  as  is  attempted  to  be 
insinuated,  punishable  only  by  the  laws  of  France,  but 
which  is  severely  censured  by  the  laws  of  all  commercial 
nations,  and  the  prosecution  of  which  is  prescribed  by 
the  rights  of  nations. 

2dly.  If  by  the  law,  a  copy  of  which  is  joined  to 
Mr.  Randolph's  letter,  a  sailor  simply  deserting  can  be 
claimed  by  the  Consul,  much  more  so  ought  a  captain 
who  deserts  with  his  crew,  after  having  sold,  for  his  own 
benefit,  the  cargo  entrusted  to  him.  This  explanation  is 
evidently  conformable  to  the  spirit  of  this  law,  which 
has  for  its  object,  the  protection  and  encouragement  of 
the  commerce  of  such  nations  as  have  acknowledged  the 
independence  of  the  United  States. 

3dly.  The  Mayor  of  Norfolk  having  consented  to  the 
seizure  of  Captain  Ferrier,  on  the  claim  of  his  Majesty's 
Vice  Consul,  he  has  acknowledged  that  the  proceedings 
of  this  Vice  Consul  was  not  contrary  to  the  law  of  Vir- 


380    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

ginia.  Moreover,  this  Captain  was  arrested  and  brought 
to  the  Vice  Consul,  by  the  very  inhabitants  of  the 
country.  The  -same  measure,  therefore,  has  been  alter- 
nately regarded  as  legal  and  illegal. 

Without  entering  into  any  further  discussion  respecting 
the  extent  of  the  power  of  Congress,  or  of  the  Execu- 
tive Council  of  Virginia,  as  to  the  case  in  question,  the 
Count  De  Moustier  will  not  send  the  answer  which  has 
been  communicated  to  him,  until  he  has  received  the  de- 
cision of  Congress.  He  has,  therefore,  the  honor  to 
request  that  Mr.  Jay  will  inform  that  assembly  of  his 
sentiments  respecting  the  Governor  of  Virginia's  an- 
swer, and  to  explain  more  particularly,  the  desire  he 
has  of  acquainting  his  Court  with  a  satisfactory  issue  to 
an  affair,  alike  interesting  to  the  commerce  of  the  King- 
dom, and  the  external  consideration  of  Virginia. 

If  circumstances  did  not  promise  a  happy  revolution 
in  the  actual  organization  of  the  United  States,  and 
that  the  principles  that  have  been  adopted  in  Virginia, 
with  respect  to  Captain  Ferrier,  should  serve  as  a  basis 
for  the  commercial  politics  of  the  other  States,  which 
have  hitherto  followed  very  different  maxims,  the  con- 
sequences would  be,  that  no  nation  could  safely  navi- 
gate and  trade  in  their  ports,  and  that  foreign  Captains 
might,  under  the  protection  of  the  law,  dispose  of  car- 
goes which  have  been  entrusted  to  them,  and  might 
enjoy  with  impunity  the  fruit  of  their  crimes,  in  spite 
of  the  claims  of  their  owners ;  and  notwithstanding  the 
demands  of  the  Minister  Plenipotentiary,  of  a  power 
closely  connected  with  the  United  States. 


DIPLOMATIC  CORRESPONDENCE.  3Q1 


FROM    JOHN    JAY  TO    THE    PRESIDENT    OF    CONGRESS. 

Office  for  Foreign  Affairs,      ? 
September  19,  1788. 5 

Sir, 

The  absence  of  the  Minister  of  France  (with  whom 
it  appeared  to  me  expedient,  previously  to  converse  on 
the  subject  of  the  letters  of  the  30th  June  and  2nd  July, 
from  his  Excellency  the  Governor  of  Virginia,)  induced 
me  to  postpone  reporting  on  them. 

He  arrived  yesterday,  and  I  have  seen  him  this  morn- 
ing. He  is  preparing  to  go  immediately  to  Boston,  and 
prefers  leaving  this  affair  in  its  present  state  until  his 
return. 

The  delay  will  not,  in  my  opinion,  be  inconvenient, 
and  therefore  I  took  the  liberty  of  consenting  to  it. 
With  great  respect,  &c. 

JOHN  JAY. 


FROM    JOHN  JAY    TO  THE  GOVERNOR  OF  VIRGINIA. 

for  Foreign  Affairs, 
September  24,  1788 


Office  for  Foreign  Affairs,      ? 


Sir, 

I  have  had  the  honor  of  receiving  and  communicating 
to  Congress  your  letters  of  the  30th  June' and  2nd  July 
last.  The  receipt  of  them  should  have  been  sooner  ac- 
knowledged, had  I  not  nattered  myself  with  being  shortly 
enabled  to  give  you  some  information  on  the  subject. 
My  attendance  in  the  Convention  of  this  State,  and 
Count  de  Moustier's  excursion  to  Albany,  &c.  left  me 


382         JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

no  opportunity  of  discussing  these  matters  with  him.  He 
returned  last  week  ;  but  the  very  day  afterwards  set  out 
for  Boston.  I  saw  him  just  before  his  departure  and 
mentioned  the  affair  to  him.  He  was  satisfied  that  it 
should  be  left  in  the  state  it  was  until  his  return. 

The  consular  Convention  mentioned  by  your  Excel- 
lency never  was  ratified,  and  consequently  cannot  as  yet 
have  operation  in  the  United  States.  The  foreign  Con- 
suls here  have  no  other  authority  than  that  which  they 
may  derive  from  the  laws  of  nations,  and  the  acts  of  par- 
ticular States.  The  propriety  of  these  acts  appears  to 
me  to  be  questionable,  especially  as  national  objects 
should  be  regulated  by  national  laws;  When  the  Count 
returns,  I  promise  myself  the  pleasure  of  writing  to  you 
more  at  large  on  this  subject. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


REPORT  OF  SECRETARY  JAY  ON  THE  OBLIGATION  TO 
RATIFY  THE  CONSULAR  CONVENTION  WITH  FRANCE. 

Office  for  Foreign  Affairs,  ? 
July  25,  1789.      5 

The  Secretary  of  the  United  States  for  the  Department 
of  Foreign  Affairs,  under  the  former  Congress,  in 
pursuance  of  the  following  resolution,  viz  : 

In  Senate,  July  22,  1789. 
Whereas  a  Convention  referred  this  day  to  the  Senate, 

has  reference  to  a  Convention  pending  between  the  most 

Christian  King  and  the  United  States,  "  previous  to  the 

adoption  of  our  present  constitution." 


DIPLOMATIC  CORRESPONDENCE.  383 

"  Resolved,  That  the  Secretary  of  Foreign  Affairs 
"  under  the  former  Congress,  be  requested  to  peruse  the 
"  said  Convention,  and  to  give  his  opinion  how  far  he 
"  conceives  the  faith  of  the  United  States  to  be  engaged, 
"  either  by  former  agreed  stipulations,  or  negotiations 
;<  entered  into  by  our  Minister  at  the  Court  of  Versailles, 
"  to  ratify  in  its  present  sense  or  form,  the  Convention 
"  now  referred  to  the  Senate. 

"SAMUEL  A.  OTIS,  Secretary." 

Reports,  That  he  has  compared  the  two  Conventions 
of  1784  and  1788. 

That  the  copies  of  them  received  from  Mr.  Jefferson, 
and  now  before  the  Senate,  are  so  printed  and  their  varia- 
tions so  clearly  marked  as  that  he  cannot  contrast  them 
in  a  manner  better  calculated  for  an  easy  and  accurate 
comparison. 

That  in  his  opinion  there  exist  in  the  Convention  of 
1788,  no  variations  from  the  original  Scheme  sent  to  Dr. 
Franklin  in  1782,  nor  from  the  Convention  of  1784,  but 
such  as  render  it  less  ineligible  than  either  of  the  other 
two. 

That  although  he  apprehends  that  this  Convention 
will  prove  more  inconvenient  than  beneficial  to  the  United 
States,  yet  he  thinks  that  the  circumstances  under  which 
it  was  formed,  render  its  being  ratified  by  them  indis- 
pensable. 

The.  circumstances  alluded  to  are  these : 

The  original  scheme  of  1782,  however  exceptionable, 
was  framed  and  agreed  to  by  Congress. 

The  Convention  of  1784,  was  modelled  by  that 
Scheme,  but  in  certain  instances  deviated  from  it ;  but 
both  of  them  were  to  be  perpetual  in  their  duration. 


384    JOHN  JAY— SEC.  FOR  FOREIGN  AFFAIRS. 

On  account  of  those  deviations,  Congress  refused  to 
ratify  it ;  but  promised  to  ratify  one  corresponding  with 
the  Scheme,  provided  its  duration  was  limited  to  eight  or 
ten  years  ;  but  they  afterwards  extended  it  to  twelve. 

By  an  instruction  to  Mr.  Jefferson,  of  the  3rd  October, 
1786,  he  was,  among  other  things,  directed  to  propose 
to  the  King,  "  that  the  said  Convention  be  so  amended 
"  as  perfectly  to  correspond  with  the  Scheme  in  every 
"  part  where  a  deviation  from  the  same  is  not  permitted 
"  by  the  said  act ;  (of  1782)  and  further,  that  he  repre- 
"  sent  to  his  Majesty  the  desire  of  Congress  to  make 
"  the  said  Convention  probationary,  by  adding  a  clause 
"  for  limiting  its  duration  to  eight  or  ten  years.  That 
"  he  assure  his  Majesty  of  the  determination  of  Con- 
"  gress,  to  observe  on  all  occasions  the  highest  respect 
"  for  candor  and  good  faith  in  all  their  proceedings,  and 
"  that  on  receiving  the  Convention  so  amended,  and 
"  with  such  a  clause  they  will  immediately  ratify  it." 

In  the  letter  which  accompanied  these  instructions  is 
the  following  paragraph : 

"  The  original  scheme  of  the  Convention  is  far  from 
"  being  unexceptionable,  but  a  former  Congress  having 
"  agreed  to  it,  it  would  be  improper  now  to  recede  ;  and, 
"  therefore,  Congress  are  content  to  ratify  a  Conven- 
"  tion,  made  conformable  to  that  Scheme,  and  to  their 
"  act  of  25th  January,  1782,  provided  a  clause  limiting 
"  its  duration,  be  added. 

On  27th  July,  1787,  Congress  gave  to  Mr.  Jefferson 
a  commission  in  general  terms  to  negotiate  and  conclude 
with  his  most  Christian  Majesty,  a  Convention  for  regu- 
lating the  privileges,  &tc.  of  their  respective  Consuls. 
In  one  of  the  letters  then  written  to  him,  is  this  para- 
graph: 


DIPLOMATIC  CORRESPONDENCE.  385 

"  Congress  confide  fully  in  your  talents  and  discretion, 
"  and  they  will  ratify  any  Convention  that  is  not  liable 
"  to  more  objections  than  the  one  already  in  part  con- 
"  61uded ;  provided,  that  an  article  limiting  its  duration 
"  to  a  term  not  exceeding  twelve  years,  be  inserted. 

As  the  Convention  in  question  is  free  from  several 
objections,  to  which  the  one  of  1784  was  liable,  and  is 
in  every  respect  preferable  to  it,  and  as  it  contains  a 
clause  limiting  its  duration  to  twelve  years,  it  seems  to 
follow  as  a  necessary  consequence,  that  the  United  States 
ought  to  ratify  it. 

All  which  is  submitted  to  the  wisdom  of  the  Senate. 

JOHN  JAY. 


VOL.  i.— 49 


TH  H 

CORRESPONDENCE 

O* 

GENERAL   THE   MARQUIS 

DE    LA   FAYETTE. 


FROM    LAFAYETTE    TO    THE    PRESIDENT   OF    CONGRESS. 
Paris,  December  26th,  1783. 
Sir, 

Having  received  no  commands  from  Congress  by  the 
last  packet,  I  must,  however,  trespass  upon  their  time  to 
give  them  a  few  hints  respecting  American  commerce.  I 
have  of  course  directed  them  to  Mr.  Morris;  and  although 
Dr.  Franklin  (the  other  Ministers  being  in  England)  will 
give  you  political  intelligence,  I  cannot  help  adding,  that 
by  a  refined  piece  of  cunning,  the  King  of  England  has 
got  Mr.  Fox  out  of  the  Ministry.  After  having  entan- 
gled him  by  a  success  in  the  House  of  Commons,  he 
found  means  to  stop  him  short  in  the  House  of  Lords ;  in 
consequence  of  which  Mr.  Fox  has  been  dismissed.  Mr. 
Pitt,  and  the  last  of  the  Temples  called  in,  and  the  new 
administration  (Lord  North  being  also  out)  necessitates 
the  calling  of  a  new  Parliament. 

The  affairs  between  Russia  and  the  Ottoman  Empire 
are  still  negotiating,  and  although  in  ray  opinion  war  can- 
not be  much  deferred  in  that  quarter,  there  is  no  proba- 


388  LA    FAYETTB. 

bility  of  its  taking  place  so  soon  as  next  summer.  The 
Emperor  is  in  Italy,  upon  which  some  say  he  has  also  got 
an  eye,  and  there  he  will  meet  with  the  King  of  Sweden. 
There  is  no  change  in  the  French  Ministry, 'since  M.  de 
Calonne  has  succeeded  to  M.  de  Omillon,  and  Baron  de 
Breteuil  to  M.  Amelot,  both  of  whom  are  more  sensible 
than  their  predecessors. 

Unless  I  have  some  commands  from  Congress  to  exe- 
cute in  Europe,  I  shall  in  the  spring  embark  for  America, 
and  present  them  with  the  personal  homage  of  one,  whose 
happiness  is  to  feel  himself  forever  a  zealous  member  in 
the  service  of  the  United  States. 

With  the  utmost  regard,  and  affectionate  attachment,  I 
have  the  honor  to  be,  &c. 

LAFAYETTE. 


FROM  THE  MARQUIS  DE  LA  FAYETTE  TO  ROBERT  MORRIS. 

Paris,  December  26,  1783. 
Sir, 

Although  I  have  not  by  this  opportunity,  been  honor- 
ed with  any  commands  from  Congress,  I  beg  their  per- 
mission to  acquaint  them,  through  you,  with  the  measures 
respecting  commerce,  which  it  ha?  been  both  my  duty 
and  my  inclination  to  pursue. 

On  my  return  from  Spain,  I  heard  that  Bayonne  and 
Dunkirk  were  the  two  ports  pointed  out  for  American 
trade.  L'Orient  is  out  of  the  question ;  and  although  it 
was  wished  for  by  the  Minister  and  Consul  of  the  United 
States,  their  having  no  positive  orders  from  Congress,  seem- 
ed to  them  sufficient  reason  to  forbear  a  timely  application. 


DIPLOMATIC  CORRESPONDENCE.  3Q9 

As  I  was  a  private  man,  I  thought  I  might  make  it  myself, 
and  every  difficulty  I  met  with  the  better  convinced  me  of 
the  importance  there  was  in  getting  that  harbor.  It  was  at 
last  fixed  upon  in  lieu  of  Bayonne,  and  I  was  permitted  to 
let  it  be  known  to  Mr.  Barclay.  But  M.  de  Omillon 
being  over  burthened  with  the  duties  of  his  place,  an 
enormous  time  was  lost  in  giving  the  affair  an  official  and 
complete  conclusion. 

Monsieur  de  Calonne  having  got  into  place,  I  have 
applied  to  him,  as  I  do  to  every  Minister  that  has  some- 
thing to  do  with  American  affairs.  Enclosed  you  will  find 
answers  from  him,  and  I  hope  our  next  conference  will 
finish  the  affair  of  L'Orient.  It  has  much  pleased  me  to 
hear  from  Colonel  Gouvion,  that  your  opinion  respecting 
its  conveniency  coincided  with  mine.  But  since  it  has 
been  decided  we  should  obtain  L'Orient,  I  have  made  an 
application  for  an  addition  of  free  ports.  Because  the 
more  that  are  got,  the  better  it  will  be.  Dunkirk, 
L'Orient,  Bayonne  and  Marseilles,  will  be  a  very  proper 
chain.  Bayonne,  with  the  country  around  it,  opens  a 
good  contraband  trade  with  the  Spaniards. 

Upon  the  receipt  of  your  letter,  September  30th,  Mr. 
Franklin  sent  it  to  me,  requesting  I  would  make  what  use 
of  it  I  thought  proper.  I  had  extracts  of  it  translated, 
which  I  intend  taking  with  me  to  Versailles.  Your  opin- 
ion will  have  great  weight  in  the  affair,  because  of  the 
confidence  Europeans  have  in  your  abilities,  and  the  re- 
spect which  is  paid  here  to  your  character. 

The  ideas  upon  commerce  that  are  met  with  in  this 
country,  are  far  from  being  always  right;  to  persuade 
people  into  their  own  interest,  is  sometimes  as  difficult  a 
matter  as  rt  would  be  to  obtain  a  sacrifice.  But  the  Min- 


390  LA    FAYETTE. 

istry  and  the  people  are  wishing  for  intimate  connexions 
with  America,  upon  a  liberal  policy ;  one  of  the  impedi- 
ments is,  that  the  trade  in  France  is  subject  to  many  in- 
conveniences, which,  by  little  and  little,  will  be  removed; 
and  the  other,  that  the  merchants  here,  and  the  farming 
interest  about  Bordeaux,  oppose  any  foreign  trade  with 
the  West  Indies. 

Those  oppositions  I  have  been  every  day  combating 
in  the  best  manner  I  could ;  and  at  last  have  determined 
to  present  several  heads,  by  way  of  memorial,  which  I 
will  commence  in  conversation.  It  is  entirely  in  the  ca- 
pacity of  a  Frenchman  that  I  write,  and  wish  as  little 
appearance  of  partiality  as  I  could ;  the  reason  is  obvious  ; 
and  I  have  sent  a  copy  of  my  memorial  to  every  one  of 
the  Ministers.  With  it  I  enclose  M.  de  Calonne's  an- 
swers, and  a  copy  of  an  old  letter  from  M.  de  Vergennes, 
which  you  must  have  got  long  ago.  Should  you  think 
the  memorial  worth  reading  to  Congress,  or  any  commit- 
tee, I  must  beg  it  will  not  go  elsewhere,  as  I  do  not  wish 
its  being  propagated. 

In  every  thing  I  do,  I  need  not  say  that  I  will  ask  for  di- 
rections from  the  Ministers  of  Congress ;  and  I  very  much 
wish  to  see  them  treating  the  matter  directly  with  this 
Government.  I  the  more  desire  it,  as  I  know  the  inten- 
tions of  Congress  only  from  hearsay,  and  cannot  move  a 
step  in  cases  where  their  name  is  to  be  made  use  of  with 
the  Ministry. 

With  the  highest  regard,  I  have  the  honor  to  be,  &c. 

LAFAYETTE. 


DIPLOMATIC  CORRESPONDENCE.  391 

While  I  am  reading  over  this  memorial,  I  beg  leave 
to  observe,  it  was  intended  to  point  out  the  inconven- 
iences in  the  French  trade ;  it  was  therefore  my  object, 
on  the  one  hand,  to  present  them  in  their  worst  point  of 
view,  and  on  the  other  to  overlook  the  advantages  which 
that  commerce  has  over  other  nations.  It  would  have 
been  wrong  in  me  not  to  observe  that  this  memorial  is 
not  intended  to  give  a  stated  account  of  the  affair,  but  to 
obtain  favorable  alterations  upon  particular  points. 

LAFAYETTE. 


OBSERVATIONS'  of  the  Marquis  de  la  Fayette,  address- 
ed to  the  Count  De  Vergennes,  on  the  Commerce  of 
the  United  States,  with  France  and  the  French 
Colonies. 

Whilst  sacrificing  her  treasures,  and  the  blood  of  her 
citizens,  in  the  last  war,  France  had  a  right  to  anticipate 
great  advantages.  There  are  some  advantages  which  no 
faults  can  take  away,  and  while  she  has  recovered  her  con- 
sideration, her  rival  has  lost  a  part  of  its  commerce,  an 
immense  territory,  a  great  number  of  its  subjects,  which 
Europe  was  eager  to  increase.  France  has  besides  done 
more,  she  has  secured  herself  against  a  ruin  which  seemed 
sure  and  near  at  hand.  It  is  evident  to  all  who  are 
acquainted  with  the  new  world,  that  on  the  eve  of  the 
declaration  of  Independence,  England  could  have  se- 
cured our  American  possessions.  But  although  it  was  our 
duty  to  look  with  favor  upon  this  revolution  on  account 
of  advantages  acquired,  and  evils  avoided  by  it,  although 
the  main  point  at  issue  be  a  doubt,  whether  this  new 


392  LA    FAYETTE. 

created  power  acquired  by  the  United  States,  which  is 
now  independent  and  peaceable,  would  be  better  situa- 
ted by  a  reunion  with  our  rivals:  there  are  yet  some 
advantages  which  appeared  secured  to  us,  but  which,  I 
see  with  regret,  we  have  lost. 

During  the  animosity  caused  by  the  war,  it  would 
have  been  more  easy  for  us  to  form  commercial  ties ; 
but  if  we  have  now  competitors,  we  still  have  some  ad- 
vantages over  them.  Not  that  I  think  commerce  ap- 
pears to  me  a  matter  of  sentiment.  Americans  love 
France;  they  are  generous  and  grateful;  and  when  they 
are  accused  of  carrying  to  excess  their  hatred,  (as  for 
instance,  in  regard  to  reprisals,  or  the  refugees)  it  would 
be  too  absurd  to  accuse  them  of  being  attached  to  Eng- 
land. But  all  merchants  look  up  to  gain;  and  although 
the  policy  of  the  United  States  be  very  favorable  to 
us,  yet  mercantile  interest  is  impartial.  Its  influence 
will  go,  it  must  be  confessed,  farther  yet ;  it  will  grad- 
ually take  the  lead  in  councils  over  which  merchants 
have  a  great  influence.  Rivals  of  the  British  in  our 
manufactures  as  well-  as  in  our  commerce,  by  the  same 
means  it  is,  that  at  some  future  day  our  political  rival- 
ship  will  be  decided. 

When  I  speak  of  our  advantages  I  only  mean  to  say, 
that  in  the  first  attempt  we  will  find  them  in  the  favora- 
ble disposition  of  the  Americans ;  but  nature  has  given 
us  exclusive  ones ;  and  with  little  trouble  we  might 
obtain  still  more  of  them  ;  and  instead  of  repelling  this 
commerce  it  would  be  edsier  to  bring  the  greatest  por- 
tion of  it  towards  us.  Every  delay,  every  error  on 
our  part,  becomes  a  sure  gain  for  England ;  for,  in  the 
last  resort,  if  America  does  not  favor  us,  it  will  be  fa- 


DIPLOMATIC  CORRESPONDENCE.  393 

vorable  to  others  ;  and  if  this  truth  is  not  worth  some 
sacrifices,  at  least  it  is  worth  a  prompt  and  very  serious 
attention. 

Being  early  engaged  in  that  revolution,  I  regret  the 
loss  of  the  least  advantages  which  my  country  might, 
by  proper  attention,  have  derived  from  it.  I  would 
cherish  every  thing  that  may  draw  closer  an  alliance 
which  is  natural,  and  required  by  common  interest. 
Had  I  the  experience  of  a  merchant,  I  would  write  on 
the  subject  of  the  commerce  with  the  United  States. 
I  can  have  no  pretensions  of  that  kind,  and  if  my  re- 
flections or  my  information  have  given  me  some  ideas  on 
commercial  affairs,  they  are  too  imperfect  to  induce  me 
to  venture  to  write  a  memorial  on  that  subject.  What 
I  have  learned  or  thought,  I  have  told  to  the  Ministers  of 
the  King,  and  it  is  in  obedience  to  their  order  that  I 
offer  a  few  notes  on  this  interesting  subject. 

The  commerce  of  the  Kingdom,  and  that  of  the  Co- 
lonies, although  divided  by  the  departments,  cannot,  in 
relation  with  the  United  States,  be  separated.  On  the 
examination  of  the  first  part,  we  see  on  the  one  side  raw 
materials,  and  on  the  other,  manufactured  articles,  which 
promise  great  profits  in  the  exchange.  If  this  truth  re- 
quires an  example,  I  will  instance  the  extensive  com- 
merce in  flaxseed,  which  the  late  colonies  carried  on 
with  Ireland.  From  the  sowing  of  the  seed  until 
America  received  bleached  linens,  Ireland  gained 
every  thing  by  its  culture.  Without  injuring  commerce, 
our  fine  cloths,  our  silks  of  all  kinds,  our  linens,  our 
fancy  articles,  &c.  will  find  a  considerable  sale ;  but  it 
may  yet  be  increased  by  care,  and  while  manufactures 
not  in  such  great  demand,  will  suit  the  American  taste, 
VOL.  i.— 50 


394  LA    FAYETTE. 

(for  I  have  seen  that  in  Boston,  the  roundness  of  the 
heads  of  our  nails  was  an  objection  to  them,  and  that 
the  Irish  way  of  folding  linens  had  an  influence  on  the 
sale  of  them,)  others  might  lessen  their  prices  by  sim- 
plifying their  manufacture,  and  some  might  gain  by 
adopting  the  English  plan,  which  consists  in  employing 
each  person  to  the  manufacture  only  of  a  single  article, 
and  by  applying  to  each  article  the  degree  of  power 
absolutely  necessary. 

It  is  a  singular  fact,  that  when  the  raw  mate- 
rials are  cheaper  and  better  in  our  colonies,  the  cotton 
goods  of  Rouen  should  be,  since  the  peace,  dearer  than 
those  of  Manchester.  The  price  of  our  labor,  the  good 
taste  and  the  intelligence  which  distinguish  us,  all  give 
us  hopes  that  we  can,  in  our  goods,  imitate,  and  even 
excel  other  nations. 

Besides  forming  commercial  ties  and  making  our  ma- 
nufactures known,  we  ought  also  to  facilitate  their  expor- 
tation. I  understand  that  the  Americans  desire  that 
they  may  be  put  on  the  same  footing  on  their  continent, 
that  they  are  upon,  in  our  islands.  They  object  to  that 
unnatural  system  of  internal  customs.  They  complain, 
that  from  the  moment  when  the  goods  leave  the  manu- 
facturer, until  they  are  shipped,  without  opening  the 
packages,  formalities  aggravated  by  their  uncertainty,  and 
numberless  difficulties  must  be  encountered,  and  from  which 
the  French  merchants  are  not  exempt.  These  vexa- 
tions lead  to  smuggling  and  fraud.  They  are  intolerable 
for  a  foreigner  not  acquainted  with  our  language  and 
customs.  The  English  manufacturers  give  longer  credit, 
a  consideration  well  worthy  of  notice.  As  to  our  wines 
and  our  brandies,  they  give  us  an  exclusive  advantage 


DIPLOMATIC  CORRESPONDENCE.  395 

over  England.  The  taste  for  French  wines  increases 
every  day,  they  are  asked  for  at  the  north,  and  are  ne- 
cessary in  the  warm  climates.  Nothing  short  of  the 
destruction  of  this  commerce  would  allow  Portugal,  the 
Azores,  or  even  Madeira,  to  come  in  competition  with 
us. 

Here  is  then  a  new  source  of  wealth,  which  gives  life 
to  our  productions  and  our  manufactures  ;  it  would  be 
wrong  to  stop  it,  and  it  is  easier  to  increase  it.  With  re- 
gard to  that  part  of  the  new  world  producing  raw  materials, 
but  no  rich  metals,  we  ought,  for  the  purpose  of  paying  our 
workmen,  to  follow  the  example  of  Ireland,  that  is,  encour- 
age their  planters.  Whilst  their  furs  are  sent  back  to 
them  in  the  shape  of  hats,  muffs,  &c.  whilst  we  make 
use  of  their  excellent  iron  and  their  timber,  we  return 
them  hence,  ships  with  their  sails  and  rigging,  as  they 
did  formerly  from  England ;  but  it  is  also  necessary  that 
their  rice,  indigo  and  tobacco  should  find  in  France  an 
advantageous  market.  Their  indigo,  not  as  fine  as  ours, 
is  employed  for  a  particular  purpose.  American  rice  is 
preferred  to  that  from  the  east,  should  even  that  trade 
be  secured  to  us.  The  most  essential  article  is  tobacco  ; 
but  that  trade  is  destroyed  by  the  Farmers  General.  If 
there  be  a  nation  favorable  to  the  importation  of  codfish, 
we  must  remember  that  it  is  the  principal  article  of  ex- 
change of  New  England.  In  a  word,  if  we  wish  the 
Americans  to  buy  of  us,  we  must  multiply  their  means 
of  selling.  Far  from  fulfilling  this  object,  our  actual 
system  has  driven  away  their  commerce.  The  difficulty 
occasioned  by  regulations,  is  more  injurious  than  high 
prices.  The  farmers  of  the  revenue,  can  only  create 
obstructions,  they  never  decide.  Time,  so  precious 


396  LA    FAYETTE. 

to  merchants,  is  consumed  by  the  least  obstacle,  as  if  u 
were  the  most  important  affair.  The  decisions  of  the 
company,  so  long  delayed,  vary  arbitrarily  on  every 
occasion.  On  entering  a  French  port,  the  merchants 
waver  between  the  fear  of  making  a  declaration  less  than 
the  real  value,  which  carries  after  it  confiscation,  and 
that  of  an  exaggerated  one.  which  makes  them  pay  for 
what  they  have  not. 

The  error  is  still  more  injurious  in  the  cargoes  of 
tobacco,  for  if  an  error  is  made  to  the  disadvantage  of 
jhe  importer,  he  is  accused  of  smuggling  and  this  absurd 
measure  is  suspended  only  by  a  provisional  order. 

In  re-exporting  their  merchandize,  the  Americans  are 
desirous  of  recovering  the  duties  they  have  paid,  a  facili- 
ty which  to  them  appears  very  important  to  commerce. 
The  trade  of  tobacco  is  entirely  lost  to  France.  Since  the 
peace  two  vessels  only  have,  I  believe,  arrived,  and  they 
were  the  result  of  an  old  contract;  all  the  others  go  to 
England  and  Holland,  where  the  manufacturers  buy  their 
cargoes.  A  cargo  after  having  been  nine  months  in 
France,  the  Farmers  General  not  being  willing  to  buy 
it,  or  allow  it  to  be  carried  to  Marseilles,  where  it  was 
wanted  by  the  Italians,  was  at  last  taken  to  Amsterdam. 
Good  tobacco  is  at  present  sold  in  Philadelphia  from  50 
to  60  shillings  the  hundred  :  in  France  the  charges  raise 
its  cost  to  54  livres  of  our  money ;  and  while  it  brings 
only  nine  sous  in  our  ports,  it  yields  sixteen  sous  in  Lon- 
don and  Amsterdam.  But  without  entering  into  details, 
in  which  I  might  be  mistaken,  it  is  clear  that  a  direct 
trade  is  the  best  for  the  purchase  of  this  production,  and 
for  the  sake  of  our  manufactures,  and  that  foreigners  to 
obtain  possession  of  this  trade  will  do  any  tiling,  and  even 


DIPLOMATIC  CORRESPONDENCE.  397 

suffer  a  momentary  loss ;  and  unless  the  patriotism  of  the 
Farmers  General  be  enlightened,  the  allurement  of  a 
transitory  gain,  or  the  attachment  to  old  usages,  will  work 
to  the  disadvantage  of  our  mercantile  and  political  inte- 
rests. 

For  a  long  time,  past,  these  abuses  have  restricted  our 
commerce,  they  have  been  very  troublesome  to  our  citi- 
zens, and  all  acknowledge  that  they  counterbalance  our 
natural  advantages  over  other  nations.  I  do  not  pretend 
to  give  new  ideas,  I  only  point  out  those  which  are  ob- 
vious to  the  Americans.  Neither  does  it  now  belong  to 
me  to  offer  remedies  ;  but  the  example  of  foreign  nations 
proves  that  there  are  some.  I  shall  only  mention  free 
ports,  which  have  been  too  long  neglected.  The  treaty 
promises  two  of  them  ;  Marseilles  and  Dunkirk  were 
always  so.  When  peace  took  place,  I  represented 
that  L'Orient  would  suit  the  Americans;  that  port  was 
selected  and  I  was  ordered  to  assert  it,  and  to  announce 
a  formal  declaration,  which  has  not  yet  appeared. 

The  conclusion  of  this  business  and  the  addition  of 
Bayonne,  forming  a  line  of  four  ports,  would  be  sufficient 
for  the  commerce  of  the  United  States.  It  would,  per- 
haps, be  better  for  us  that  all  the  ports  of  France  should 
be  free :  but  without  indulging  myself  in  a  strange  idea, 
and  not  willing  to  insist  on  L'Orient  and  Bayonne,  I 
will  only  add  that  these  dispositions  should  be  made  in 
concert  with  the  Ministers  of  Congress,  and  their  Consul 
in  France. 

Whatever  may  be  the  importations  from  America, 
France  is  nevertheless  so  fortunate  as  to  have  the  balance 
of  exportation  in  her  favor.  It  is  then  necessary  to  find 
means  of  payment  for  this  excess,  and  the  commerce  of 


398  LA    FAYETTE. 

the  United  States  with  our  islands,  can  only  furnish  it. 
Were  I  even  profoundly  versed  in  these  matters,  I  should 
hesitate  to  give  an  opinion  on  so  important  a  question. 
The  French  merchants  do  not  agree  in  this  case  with 
the  French  inhabitants  of  the  colonies.  The  pro  and 
con  can  be  sustained.  But  after  conversing  with  persons 
better  informed  than  I  am,  the  following  ideas  on  the  Ame- 
rican commerce  have  struck  me. 

As  soon  as  that  interest  should  be  in  opposition  to  our 
commerce  it  ought  to  be  null  in  the  eyes  of  the  govern- 
ment ;  but  it  is  not  so  with  our  agriculturists,  our  manu- 
facturers in  France,  and  our  citizens  in  the  colonies.  The 
sale  of  our  productions,  and  the  prosperity  which  re- 
sults from  it,  will  counter-balance  the  advantages  given 
to  merchants,  and  will  combine  in  securing  the  pub- 
lic good.  Eighteen  years  have  not  elapsed,  since  the 
chamber  of  commerce  was  opposed  to  any  communica- 
tion between  the  colonies  and  foreigners.  Since  that 
time  they  have  become  more  liberal  on  some  articles, 
they  even  now  agree,  that  it  is  better  to  bring  our  salt 
provisions  from  America,  than  from  Ireland.  It  was  with 
much  difficulty  that  an  entrepot  could  be  established  at 
St.  Lucia  and  at  the  St.  Nicola  mole.  There  are 
among  merchants  a  diversity  of  opinions,  and  all  these 
reflections  give  me  reason  to  hope  for  a  conciliatory  sys- 
tem, where  national  interest  will  accord  with  that  of  indi- 
viduals. 

In  taking  the  salt  meat  of  Ireland,  we  had  the  refuse 
of  the  English,  and  the  difference  in  the  price  and  quali- 
ty is  not  to  be  compared.  If  the  salt  fish  of  America  is 
carried  to  the  colonies,  ours  will  find  a  better  market  in 
Europe.  Competition  can  be  established  by  moderate 


DIPLOMATIC  CORRESPONDENCE.  399 

duties,  but  as  long  as  the  sustenance  of  negroes  is  subject 
to  prohibitory  laws,  they  will  be  less  numerous,  badly 
fed,  they  will  work  less,  and  die  sooner ;  and  since  we 
have  slaves,  we  ought  at  least  to  listen  to  the  voice  of 
interest  and  humanity.  The  revenue  of  the  King,  the  con- 
sumption of  manufactures,  the  cultivation  of  our  colonies, 
will  increase  in  proportion  to  the  freedom  given  to 
trade.  Are  not  the  inhabitants  of  the  colonies  the  best 
judges  of  the  food  necessary  for  their  slaves,  or  do  we 
fear  that  they  will  give  them  too  much?  Besides  codfish 
and  salt  provisions,  they  will  at  the  same  time  receive 
live  stock,  lumber,  &c.  which  have  always  been  furnish- 
ed by  the  American  continent.  I  must  observe  here,  that 
an  entrepot  requires  a  coasting  trade,  which  is  inconve- 
nient and  expensive ;  and  if  we  expect  any  help  from  the 
Spaniards,  I  will  add  that  their  commerce  consists  only  in 
goats,  and  the  hides  of  their  wild  cattle,  which  the  want 
of  fodder  does  not  allow  them  to  raise  otherwise.  Mar- 
garita is  the  only  Island  which  has  pasture  grounds  ;  but 
we  cannot  depend  upon  it,  as  that  Island  will  soon  adopt 
the  same  cultivation  with  our  colonies.  Americans, 
driven  away  by  us,  will  encourage  the  Spaniards,  who 
require  always  to  be  paid  in  British  manufactures.  The 
neglect  of  the  custom  house  guards,  makes  smuggling 
easy.  Although  that  indolent  people  may  make  promises, 
we  ought  not  to  depend  on  any  thing  that  requires  their 
personal  exertions  ;  but  timber  suitable  for  house  and 
ship  building,  staves,  spars  for  masts,  yards,  &c.  and 
finally,  salt  provisions,  which  we  must  get  from  the  United 
States ;  all  these  are  objects  in  which  the  Spaniards  can- 
not compete. 

It  is  impossible  for  me  to  doubt  that  fish,  salt  provisions, 


400  LA    FAYETTE. 

&c.  and  all  the  abovementioned  articles,  will  be  admitted 
in  our  colonies. 

Flour  offers  a  greater  difficulty,  which  I  pretend  not  to 
solve.  The  inhabitants  of  the  colonies  say,  that  the  question 
on  the  exportation  of  grain  being  yet  doubtful,  we  ought 
not  to  be  too  positive  as  to  its  exportation  to  the  Islands  ; 
that  negroes  do  not  make  much  use  of  flour,  and  that  if 
the  grain  seller  loses,  the  consumer,  and  consequently  the 
French  workman,  will  gain  by  it ;  that  fields  will  be  trans- 
formed into  vineyards ;  that  the  .  importation  into  the  in- 
terior of  the  kingdom,  offers  an  opening  for  it,  and  that 
American  flour  is  carried  every  day  to  the  ports  of 
Europe,  (France  having  some  time  received  it,)  it  would 
be  cruel  to  stop  the  increase  of  the  colonies,  by  giving 
exclusive  privileges  which,  commonly  benefit  individuals 
only. 

Rum,  molasses  and  French  manufactures,  will  be  car- 
ried from  the  Islands  to  the  United  States ;  but  they 
insist  on  the  sugar  trade,  at  least  for  their  own  consump- 
tion. If  they  cannot  get  it  of  us  or  of  the  English,  they 
will  encourage  its  production  to  our  disadvantage,  either 
in  Brazil  or  the  Spanish  colonies.  If  they  obtain  that  li- 
berty in  the  British  Islands,  they  will  form  there,  commer- 
cial ties  which  we  ought  to  dread.  The  improvement  of 
our  Islands  ought  to  be  a  subject  of  interest  to  us  ;  St. 
Lucia,  for  instance,  is  considered  as  a  grave  yard;  but 
might  be  made  a  flourishing  Island.  If  the  increase  of  a 
hostile  possession  be  arrested,  will  not  a  great  injury  they 
been  done  to  it  ?  And  since  the  French  commerce  is  not 
sufficient  for  our  colonies,  why  not  give  the  surplus  to  cm- 
allied  consumers  ?  In  selecting  certain  Islands  or  ports, 
and  limiting  the  quantity  of  sugar  exported  in  each  ves- 


DIPLOMATIC  CORRESPONDENCE.  40 1 

sel,  or  by  requiring  bonds  for  a  declaration  of  this  article 
to  be  made  to  the  French  Consuls  in  the  United  States, 
could  not  means  be  devised  so  that  this  commerce  should 
not  exceed  the  wants  of  the  continent,  and  that  the 
Americans  should  not  derive  the  advantage  of  carrying  our 
sugars  to  Europe  ?  We  apprehend  difficulties  in  the 
execution  of  such  regulations,  but  as  much  can  be  said 
of  all  restrictions.  If  these  last  do  not  cause  sufficient 
embarrassments,  to  call  for  an  entire  freedom,  why 
should  we  feel  compelled  to  adopt  a  general  prohibition  ? 

It  is  besides  reasonable  to  make  some  experiments, 
but  we  must  not  begin  with  those,  which,  by  causing  the 
loss  of  a  trade  little  known  to  us,  would  occasion  useless 
regrets.  When  this  commerce  has  been  examined 
in  its  differing  bearings,  there  is  one  point  remaining 
which  deserves  consideration.  The  United  States  pos- 
sessing superabundant  productions,  and  the  Islands  having 
wants  in  common  with  them,  which  bring  them  together; 
it  is  to  be  feared  that  the  refusal  of  an  honest  freedom 
will  lead  them  to  a  general  license.  If  every  thing  is 
forbidden  to  them,  the  Americans,  as  well  as  the  inhabi- 
tants of  the  colonies,  will  break  all  laws ;  but  the  assur- 
ance of  a  lawful  profit,  will  drive  away  smuggling,  which 
brings  vexations,  animosities,  wastes  the  King's  revenue, 
destroys  all  arrangements  in  favor  of  our  commerce,  and 
loosens  the  political  ties. 

If  it  be  just  to  give  only  the  surplus  of  our  commerce 
to  our  dearest  allies,  if  they  are  only  to  be  employed  for  its 
prosperity,  or  that  of  our  cultivators,  our  workmen  and 
our  colonies,  for  the  advantage  of  the  mother  country, 
we  should  undoubtedly  be  very  wrong  to  sacrifice 
the  great  interest  of  our  navigation.  That  of  the 
VOL.  i.— 51 


402  LA   PAYETTE. 

colonies,  it  is  said,  destroys  more  sailors  than  it 
makes,  and  generally,  the  Americans  do  not  expect  for 
their  own  a  very  rapid  increase.  It  is  true,  that  at  this  time 
they  hasten  towards  the  interior  of  the  country,  whither 
they  are  attracted  by  the  rich  lands,  which  requires  cul- 
tivators. That  navigation,  besides,  will  be  dearer  than 
is  expected.  If  timber  is  cheap,  it  is  not  so  with  work- 
manship, and  the  rigging  is  principally  imported  from 
Europe.  Their  sailors  are  better  paid  and  fed,  and 
their  ships  do  not  last  as  long  as  ours.  If,  say  the  Amer- 
icans, ships  are  constructed  at  a  cheaper  rate,  the  French 
will  buy  some  of  them,  and  they  will  become  French 
property.  They  affirm,  that  as  several  other  nations 
navigate  at  a  cheaper  rate,  we  ought  not  to  fear  them  on 
that  account. 

If  I  have  ventured  to  give  some  ideas  on  the  Ameri- 
can trade,  I  have  been  encouraged  by  the  Ministers  of 
the  King  and  still  more  so  by  my  love  and  attachment 
for  the  United  States.  These  motives,  which  I  have  a 
right  to  offer,  should  be  an  excuse  for  pretensions  on 
matters  which  I  understand  but  little ;  this  I  have  not 
to  reproach  myself  with.  I  confess  that  the  least  mer- 
chant knows  more  than  I  do,  and  if  some  of  my  ideas 
appear  just,  they  should  have  the  greater  weight;  inas- 
much as  they  are  offered  by  one  ignorant  of  the  matter, 
they  do  not  show  to  advantage.  I  do  not  offer  a  me- 
morial, I  only  put  together  notes  which  have  been  re- 
quired of  me,  upon  some  known  facts,  or  some  opinions 
from  Americans,  which  my  private  relations  have  enabled 
me  to  hear.  Whilst  we  facilitate  our  exportation,  for 
the  prosperity  of  our  commerce,  of  our  manufactories,  and 
for  the  purpose  of  securing  a  payment,  we  favor  Ameri- 

1 


DIPLOMATIC  CORRESPONDENCE.  4Q3 

can  importation:  it  will  be  necessary  that  in  fostering 
our  navigation,  the  interest  of  our  merchants  be  com- 
bined, with  that  of  our  manufactures  and  of  our  colo- 
nies, for  the  good  of  the  kingdom.  The  Ministers  of 
the  King  will  know  better  than  myself  how  to  effect 
these  objects  ;  but  there  are  two  reflections  which  do 
not  require  much  knowledge.  The  first  is,  that  in  losing 
time,  we  do  ourselves  an  irreparable  injury :  the  second 
is,  that  it  is  very  important,  that  the  Minister  of  the 
United  States,  and  their  Consul,  also  other  Ameri- 
can Envoys  now  in  France,  should  be  consulted, 
as  their  talents  and  knowledge  render  their  advice  im- 
portant, and  their  opinions  will  have  much  influence  on 
the  disposition  of  the  people  of  the  United  States. 


FROM  THE  MARQUIS  DE  LA  FAYETTE  TO  ROBERT  MORRIS. 

Paris,  January  10,   1784. 

Sir, 

On  the  26th  of  last  month  I  had  the  honor  to  address 
you  a  letter,  enclosing  some  observations  from  me  to  the 
French  Ministry,  and  answers  from  them  to  me,  and  also 
giving  you  an  account  of  some  measures,  which  in  my 
private  capacity  I  thought  it  rny  duty  to  undertake.  I 
have  been  much  encouraged,  by  your  verbal  opinion  to 
Colonel  Gouvion  respecting  L'Orient,  which  I  had  taken 
upon  myself  to  recommend  for  a  free  port.  A  duplicate 
of  my  despatches,  December  the  26th,  is  going  in  this 
packet,  whereby  you  may  see,  that  in  the  private  appli- 
cations I  make,  Congress  cannot  by  any  means  be  in  the 
least  committed. 

Since  my  last  letter  1  have  had  some  conferences  with 


404  LA   FAYETTE. 

the  Ministry  enforcing  what  I  had  presented  in  the 
memorial.  Enclosed  you  will  find  an  original  official 
letter  from  M.  De  Calonne,  the  Minister  of  Finance, 
wherein  the  affair  of  the  free  ports  is  finally  settled,  and 
some  otheV  parts  of  my  observations  are  answered.  I 
beg  leave  to  submit  to  Congress  the  propriety  of  its  be- 
ing published  in  the  newspapers,  and  for  the  facility  of  a 
translation,  I  enclose  a  fair  copy  made  out  in  a  more  legi- 
ble hand.  LAFAYETTE. 


.f)'3t!uanoy    oH    Mi 
-inr  DTtvbn  if-.»    : 

FROM  ROBERT  MORRIS  TO  JOHN  JAY. 

no  O'Kr.up.ifif  jTwi! 

Office  of  Finance     ? 
September  30,  1784.  > 

Sir, 

I  do  myself  the  honor  to  enclose,  for  the  inspection  of 
Congress,  a  copy  of  a  letter  of  the  14th  of  last  month, 
from  the  Marquis  de  la  Fayette ;  and  with  it  I  send  the 
originals  which  were  delivered  by  him  to  me.  The  un- 
exampled attention  to  every  American  interest,  which 
this  gentleman  has  exhibited,  cannot  fail  to  excite  the 
strongest  emotions  in  his  favor ;  and  we  must,  at  the  same 
time,  admire  the  judgment  which  he  has  shewn  in  the  man- 
ner of  his  applications,  as  well  as  the  industry  in  selecting 
materials.  There  can  be  little  doubt  that  his  interest  at 
his  own  Court,  must  always  prove  beneficial  to  this  coun- 
try, while  the  same  cordiality  shall  continue,  which  now 
subsists  between  him  and  the  venerable  Plenipotentiary 
now  resident  at  Passy. 

I  shall  not  hazard  opinions  upon  the  matters  Which 
have  employed  the  attention  of  Monsieur  de  la  Fayette. 
as  a  negotiator  from  this  country  to  that  which  gave  him 


DIPLOMATIC  CORRESPONDENCE.  4Q5 

birth.  It  would  be  intruding  sentiments  which  will  sug- 
gest themselves.  But  while  I  feel  the  delicacy  and  per- 
haps danger  of  asking  from  France  the  modification  or 
abolition  of  particular  duties,  thereby  establishing  a  pre- 
cedent for  similar  requests  on  her  part,  I  hope  Congress 
will  pardon  a  wish  prompted  by  the  general  interests  of 
commerce,  that  the  statement  of  all  those  duties  might  be 
translated  and  published  for  the  government  of  those  who 
may  form  expeditions  to  those  different  parts  now  opened 
to  us. 

I  have  the  honor  to  be,  &,c. 

ROBERT  MORRIS. 


FROM  THE  MARQUIS    DE  LA  FAYETTE  TO  ROBERT  MORRIS. 

Philadelphia,  August  14,  1784. 
Sir, 

Enclosed  you  will  find  some  letters  from  M.  de  Ca- 
lonne,  and  also  one  from  the  Marshal  de  Castries,  with 
a  return  of  duties  now  paid  in  the  French  free  ports. 
The  whole  of  which  I  have  the  honor  to  lay  before 
you,  and  shall  be  happy  in  any  commands  you  may 
have  for  me  on  these  important  matters. 
I  have  the  honor  to  be,  &c. 

LA  FAYETTE. 


FROM  THE   HARQ.UIS  DE  LA  FAYETTE   TO  M.    DE   CALONNE. 

Paris,  January  31,  1784. 

Sir, 

a  In   our   last  conversation,  I   submitted  to  you  some 
questions  of  American  merchants,  of  which  you  took  a 


406  LA    FAYETTE. 

note  ;  and  your  favorable  disposition  for  the  American 
commerce  and  the  quick  decisions  it  produces,  have 
reanimated  my  hopes.  Whilst  the  English  parties  are 
disputing,  we  may  repair  the  delays,  of  which  you  have 
so  sensibly  felt  the  inconvenience. 

The  four  free  ports  are  granted  ;  and  you  destine  the 
public  buildings  there,  to  serve  as  magazines  for  the 
Americans ;  it  were  much  to  be  wished  that  neither  of 
the  four  ports  may  be  deprived  of  this  advantage,  and 
the  compensation  for  the  use  of  these  magazines  should 
be  as  low  as  possible  ;  but  what  ought  particularly  to  be 
fixed,  is  a  list  of  the  fees  of  office,  of  anchorage,  and^of  the 
admiralty.  All  these  fees  or  duties,  which  in  fact  are 
always  collected  in  a  vague  and  troublesome  manner, 
are  not  so  useful  to  the  King  as  inconvenient  to  the  in- 
dividual, and  if  it  is  of  moment  to  fix  them  as  low  as 
possible,  it  will  I  believe,  be  still  of  more  importance, 
to  make  a  sacrifice  of  them  altogether. 

Seeing  the  difficulties  which  would  attend  a  commerce 
with  France,  Messrs.  Wadsworth  &t  Carter,  very  rich 
Americans,  had  given  up  all  ideas  of  the  kind.  I 
shewed  them  your  letter,  and  they  determined  to  make 
the  experiment ;  they  bought  silks  and  other  articles 
to  send  by  a  vessel,  which  was  to  sail  from  L'Orient,  but 
the  demesnes  of  Monsieur  laying  on  the  road  they  were 
obliged,  either  to  pay  the  duties,  which  would  have 
eat  up  all  the  profits,  or  to  take  a  circuitous  route  (as 
they  did,)  and  thereby  lose  the  opportunity  and  increase 
the  expense. 

These  gentlemen  wish  to  send  to  America  forty  thou- 
sand bottles  of  champaigne,  and  it  would  be  convenient 
to  ship  them  at  Brest,  where  one  of  their  vessels  will 


DIPLOMATIC  CORRESPONDENCE.  4Q7 

stop  on  its  return  from  England.  They  ask  if  they 
should  meet  with  difficulties,  and  what  duties  they  shall 
he  obliged  to  pay  for  the  entrance  and  clearance  of  their 
vessel. 

Mr.  Nesbit,  merchant  at  L'Orient,  informs  me  that  Mr. 
Pignon  told  him  Virginia  tobacco  is  to  be  taken  at  45, 
and  Maryland  tobacco  at  40  ;  he  is  forced  to  lose  on  what 
he  has  already  received,  but  his  friends  have  given  him 
orders  that  their  tobacco  shall  go  from  America  to  foreign 
ports.  This  monopoly  of  tobacco  is  a  great  misfortune 
for  the  commerce  of  America,  but  since  the  Farmers 
General  must  buy  it,  I  cannot  conceive  what  views  they 
can  have  in  discouraging  the  Americans  from  bringing  it 
directly  here,  when  the  same  quality  sells  at  a  higher 
price  in  the  other  ports  of  Europe. 

Messrs.  Wadsworth  and  Carter,  of  whom  the  whole 
army  of  M.  de  Rochambeau  can  speak  to  you,  have 
made  an  observation  to  me  which  is  very  just :  that  Eng- 
land diminishes  the  duties  on  the  articles  of  export  to 
America,  and  if  France  did  the  same,  for  example  on 
looking-glasses  and  all  that  branch  of  the  glass  manufac- 
ture, they  would  have  the  advantage  over  the  English 
manufactures. 

When  I  receive  your  answer  to  these  observations,  I 
will  acquaint  the  American  merchants  with  all  that  concerns 
them ;  they  are  re-animated  by  your  activity  and  decision, 
and  it  is  very  opportunely  you  have  stepped  in,  to  turn 
the  current  which  carried  the  whole  of  the  American 
commerce  to  England. 

1  am,  &tc. 

LAFAYETTE. 


408  LA    FAYETTE. 

FROM  THE   MARQ.UIS  DE   LAFAYETTE   TO    M.  DE  CALONNK. 

Paris,  February  10,  1784. 
Sir, 

Being  on  the  point  of  writing  to  America,  I  could  wish 
my  accounts  to  continue  favorable.     After  opening   of 
free  ports,  it  would  be  finishing  your  work  to  fix,  or  per- 
haps to  abolish,  the  duties  of  the  admiralty,  of  anchorage, 
pilotage,  and  other  obstructions  to  commerce,  which  I 
had  the  honor  to  mention  to  you  in  my  former  letter.     It 
would  be  of  importance  to  assure  the  Americans  of  a 
market  for  their  tobacco ;  I  have  forwarded  some  com- 
plaints to  you,  and  I  foresee  bad  consequences  from  the 
commission  given  by  the  Farmers  of  Virginia  tobacco. 
At  present  it  is  brought  from  the  Ukraine,  and  in  general 
instead  of  buying  that  of  America,  the  Farmers  take  the 
other  at  a  low  price,  and  of  a  very  bad  quality.     You 
have  been  so  generous  with  respect  to  free  ports,  that  it 
would  be  indiscreet  to  give  a  new  idea  of  that  kind ;  but 
many  of  the  Americans  have  told  me,  that  if  privileges 
were  granted  to  the  Havre,  it  would  give  a  superiority  to 
the  manufactures  of  Normandy,  and  facilitate  the  vent  of 
the  articles  fabricated  at  Paris.     Vessels  loaded  in  Eng- 
land, tempted  by  the  commodiousness  and  the  vicinity  of 
the  port,  would  call  and  take  in  some  French  productions. 
The  observations  I  have  the  honor  to  make  to  you,  sir, 
must  be  attributed  to  my  desire  not  to  forget  any  Ameri- 
can representations.     Accept  the  homage  of  my  grati- 
tude, and  of  the  respect,  with  which  I  am,  &c. 

LAFAYETTE. 


DIPLOMATIC  CORRESPONDENCE.  4Q9 

FROM  THE  MARQUIS  DE  LA  FAYETTE  TO    M.  DE  CALONNE. 

Translation. 

Paris,  February  26,  1784. 

Sir, 

Monsieur,  the  Comptroller  General,  will  find  here- 
with, the  statement  he  was  so  good  as  to  lend  me,  and 
to  fulfil  his"  intentions,  I  submit  to  him  the  opinion  of 
the  American  merchants  I  have  consulted.  The  duties 
payable  in  the  free  ports  are  less  burthensome  from 
their  amount  than  from  their  multiplicity  ;  to  abolish 
them  entirely,  would  perhaps  be  difficult,  but  they  might 
be  at  first  lessened  and  afterwards  united  under  one  de- 
nomination, to  be  paid  at  so  much  for  a  vessel  of  three 
masts,  so  much  for  one  of  two  masts,  and  so  on,  without 
troubling  themselves  about  the  tonnage.  This  method 
will  deprive  no  one  of  their  dues,  for  the  subdivision 
of  the  profits  can  be  made  by  those  who  claim  them. 
It  will  prevent  the  exactions  and  impositions  to  which 
strangers  may  be  liable,  will  take  away  all  embarrass- 
ments of  that  kind,  of  which  the  Americans  complain, 
and  will  much  surpass  the  English  method. 

This  being  done,  two  statements  should  be  made  out 
and  sent,  one  of  the  old  duties,  and  the  other  of  the 
new  regulation,  should  be  inserted  in  all  the  American 
papers. 

An  opportunity  soon  offers  for  America,  and  if  M. 
the  Comptroller  General,  will  be  so  good  as  to  decide 
on  this  point,  and  some  others  in  my  letters,  I  will  with 
great  eagerness,  fulfil  his  views  in  communicating  his 
resolution.  If  it  will  be  convenient  for  him  to  receive 
VOL.  i.— 52 


410  LA    FAYETTE. 

me  either  Saturday  at  Paris,  or  Sunday  at  Versailles, 
before  or  after  the  Council,  I  shall  be  happy  in  waiting 
on  him. 

I  am,  &c. 

LAFAYETTE. 


FROM  THE  MARQUIS  DE  LA  FAYETTE  TO  M.  DE   CALONNE. 

Translation. 

Paris,  March  5,  1784. 
Sir, 

In  conformity  to  the  desire  of  M.  the  Comptroller 
General,  I  waited  on  M.  De  Chardon,  and  though  he 
had  been  bled  twice,  he  was  so  good  as  to  occupy  him- 
self with  our  affairs  ;  he  did  not  think  the  business  could 
be  done  without  having  new  and  more  particular  state- 
ments ;  however,  from  the  account  he  was  to  render  to- 
day, I  hope  to  receive  the  letters  which  will  encourage 
the  Americans  with  respect  to  the  two  Departments. 

Besides  this  letter  which  the  Comptroller  General  has 
promised  me,  I  take  the  liberty  to  mention  that  it  is 
now  a  month  since  they  have  received  the  information 
at  New  York,  of  the  four  free  ports  ;  consequently, 
vessels  may  be  expected  every  day,  and  as  nothing  re- 
mains to  be  done  but  a  simple  formality,  it  were  to  be 
wished  that  it  was  finished  as  soon  as  possible.  I  have 
even  detained  the  American  officer,  in  the  hope  that  the 
Sunday's  journey  to  Versailles  will  put  it  in  my  power 
to  send  the  printed  copy. 

In  conversing  with  the  Americans  on  the  importation 


DIPLOMATIC  CORRESPONDENCE.  41 1 

of  their  flour  into  the  Islands,  one  of  them  mentioned 
that  we  might  take  measures  to  have  the  returns  made 
in  part,  in  wines,  or  goods  of  our  manufacture.  This 
engagement  of  contracting  with  the  Americans,  may  be 
joined  with  the  excellent  idea  which  M.  the  Comptroller 
General,  as  well  .as  the  Count  D'Estaign,  gave  me,  of  a 
moderate  duty  subject  to  drawback. 

I  have  the  honor  to  be,  &c. 

LAFAYETTE. 


FROM  M.   DE   CALONNE  TO  THE  MARQUIS  DE  LA  FAYETTE. 

Translation. 

Versailles,  March  8,  1784. 
Sir, 

I  have  examined  with  much  attention,  the  representa- 
tions which  you  have  done  me  the  honor  to  make  to  me, 
on  the  duties  payable  by  American  vessels  in  the  four 
free  ports,  which  his  Majesty  has  assigned  them.  You 
complain  of  these  duties  being  too  high,  of  their  multi- 
plicity and  of  the  facility  they  will  give  to  bad  people  to 
deceive  strangers,  not  acquainted  with  the  French  language 
and  the  customs  of  the  place.  You  require  the  suppres- 
sion of  the  greater  part  of  them,  and  that  those  which  are 
left  should  be  reduced  under  one  single  head,  payable  ac- 
cording to  the  vessels  being  of  one,  two  or  three  masts, 
&c.  thereby  avoiding  the  detail,  which  would  take  place 
if  the  duty  was  laid  on  according  to  the  tonnage. 

I  must  in  the  first  place,  observe  that  the  duties  payable 
by  American  vessels  in  the  ports  of  France,  are  the 
same  as  for  other  foreign  vessels,  and  do  not  exceed  the 


412  LA    FAYETTE. 

duties  exacted  by  the  English.  But  you  represent  that 
the  Americans  are  not  acquainted  with  the  nature  and 
quality  of  the  duties  payable  in  France  on  their  vessels 
as  well  as  all  others.  On  this  subject  I  can  propose 
nothing  for  his  Majesty's  decision  before  I  have  verified 
to  certainty  in  what  these  duties  consist,  for  whose  profit 
they  are  levied,  and  under  what  title  they  are  established. 
To  come  at  this  knowledge,  I  have  engaged  his  Majesty 
to  issue  orders  to  the  Admiralty  of  the  four  free  ports,  to 
furnish  without  delay,  an  account  certified  by  them,  of 
all  duties  whatever,  payable  by  American  vessels,  both 
on  their  arrival  and  departure.  When  this  account  comes 
to  hand,  I  shall  lay  the  result  before  his  Majesty,  and 
then  will  be  the  moment  to  propose  to  him  to  take  mea- 
sures, as  well  to  diminish  the  duties  as  much  as  possible, 
as  to  unite  under  one  denomination  all  which  may  be  left, 
and  make  them  payable  according  to  the  size  of  the 
vessel.  This  will  also,  afford  me  an  opportunity  of  prov- 
ing to  the  United  States,  the  favorable  disposition  of  our 
court  in  every  thing  which  interests  them.  You  may  be 
assured  I  have  let  no  opportunity  escape,  and  the  deter- 
mination that  his  Majesty  has  just  taken,  on  my  report,  to 
suppress  all  duties  on  the  exportation  of  our  brandies,  is 
a  further  proof  of  the  attention  given  to  every  part  of 
our  commerce  with  the  United  States.  I  flatter  myself 
that  you  will  do  justice  to  the  desire  I  have  to  prove  to 
you  the  sentiments,  of  &c. 

DE  CALONNE. 


DIPLOMATIC  CORRESPONDENCE.  413 

FROM  M.   DE  CALONNE  TO  THE    MARQ.UIS  DE  LA  FAYETTE. 

Translation. 

Paris,  May  17,  1784. 

Sir, 

It  has  not  been  possible  to  obtain  the  printed  co- 
pies of  the  act,  relative  to  the  free  ports,  so  quick  as 
you  desired.  I  have  the  honor  to  send  you  twenty-four 
copies.  It  has  appeared  necessary  to  fix  a  terra  when 
the  act  should  take  effect  at  L'Orient  and  Bayonne,  that 
the  Farmers  General  might  have  time  to  form  separate 
establishments,  between  the  places  which  are  free  and 
those  subject  to  duties ;  but  you  need  be  under  no  appre- 
hension that  any  thing  will  result  therefrom,  contrary  to 
my  letter  of  the  9th  January  last,  which  you  have  sent 
to  America;  or  that  any  expeditions  which  may  have 
been  made  in  consequence,  will  meet  any  difficulties  in 
either  of  the  free  ports.  I  have  provided  against  this 
by  particular  orders,  and  every  proper  measure  is  taken, 
that  vessels  which  sailed  within  three  or  four  months 
from  America,  and  which,  on  their  arrival,  shall  declare 
they  were  laden  in  consequence  of  what  I  wrote  and 
you  announced,  shall  immediately  enjoy  all  the  advan- 
tages of  a  free  port. 

I  have  read  with  great  attention,  the  memorial  of  M. 
de  Coulteux,  on  tobacco.  He  is  very  reasonable,  but 
the  facts  are  not  admitted.  It  is  alleged,  for  exam- 
ple, that  an  American  vessel,  which  was  made  to  pay 
the  expenses  of  putting  into  L'Orient  uselessly,  after- 
wards; carried  her  cargo  elsewhere,  and  will  not  return. 
This  fact  is  not  agreed  to.  The  packet  St.  Mary  was 
cited,  but  the  verification  of  the  fact  has  proved  its  falsi- 


414  LA    FAYETTE. 

ty,  and  so  with  respect  to  another  vessel  which  had  put 
into  the  mouth  of  the  Loire. 

With  respect  to  the  two  propositions  which  terminate 
the  memorial,  the  first  to  order  the  Farmers  General  not 
to  buy  tobacco,  but  in  France  or  America ;  and  the 
second,  to  form  a  magazine  in  the  Port  of  L'Orient,  where 
the  merchant  may  lodge  his  tobacco  until  he  can  sell 
it  to  his  greatest  advantage — they  are  susceptible  of  no 
difficulty,  nor  have  I  had  any  trouble  to  get  the  Farmers 
General  to  consent  to  them.  You  may,  therefore,  sir, 
obviate  any  uneasiness,  the  United  States  may  have  con- 
ceived with  respect  to  their  commerce  with  France.  It 
being  the  intention  of  the  King  to  remove  every  ob- 
stacle. 

I  have  the  honor  to  be,  &c. 

DE  CALONNE. 


FROM  M.  DE  CALONNE  TO  THE  MARO.UIS  DE  LA  FAYETTE. 

Translation. 

Versailles,  June  11,  1784. 
Sir, 

I  have  collected  together,  as  I  informed  you,  a  list  of 
the  different  duties  payable  to  the  Admiral,  to  the  officers 
of  the  Admiralty,  to  the  cities,  or  to  particular  noblemen, 
by  vessels  of  the  United  States,  in  the  ports  of  Marseilles, 
Dunkirk,  Bayonne,  and  L'Orient,  on  their  arrival  and  de- 
parture. These  duties  are  brought  together  in  a  tabular 
form  which  shows,  at  the  same  time,  the  title  of  each  re- 
ceipt, and  the  law  which  authorizes  it.  I  have  the  honor 
to  send  it  to  you,  that  you  may  communicate  it  to  the 


DIPLOMATIC  CORRESPONDENCE.  415 

United  States,  and  they  may  mark,  in  the  column  of  ob- 
servations, the  demands  they  have  to  make  with  respect 
to  each  kind  of  duty.  Till  this  is  done,  it  will  be  impos- 
sible to  propose  to  his  Majesty,  either  the  suppression, 
the  modification,  or  the  uniting  under  one  head  the  dif- 
ferent duties,  since  the  United  States  themselves  are  not 
acquainted  with  them,  and  it  is  indispensable  that  the 
amount  and  nature  of  each  duty  should  be  perfectly 
known  to  them.  So  soon  as  the  answer  of  the  United 
States  comes  to  hand,  I  shall  lose  no  time  in  laying  it  be- 
fore his  Majesty,  and  I  hope  you  will  do  me  the  justice 
to  believe  that  the  desire  of  obliging  you  is  increased  by 
that  of  being  useful  to  the  United  States. 
I  have  the  honor  to  be,  &c. 

DE  CALONNE. 


FROM  M.  DE  CALONNE  TO  THE  MARQ.UIS  DE  LA  FAYETTE. 

Translation. 

Paris,  June  16,  1784. 
Sir, 

Mr.  Chardon  has  just  communicated  to  me,  the  letter 
you  wrote  him  this  morning,  in  which  you  demand  that 
the  duties  payable  by  American  vessels  in  the  ports  of 
Marseilles,  Dunkirk,  Bayonne  and  L'Orient,  should  be 
united  under  one  head,  payable  at  so  much  per  vessel  of 
one,  two  or  three  masts.  You  mention,  also,  your  desire 
to  take  with  you  to  the  United  States,  a  decision  on  the 
suppression  or  modification  of  these  duties.  Notwith- 
standing the  pleasure  I  should  take  in  doing  any  thing 
agreeable  to  the  United  States,  and  in  showing  you,  per- 


416  LA    FAYETTE. 

sonally,  how  much  concern  I  take  in  whatever  interests 
you,  it  is  impossible  for  me  to  propose  it  to  his  Majesty 
before  your  departure.  The  duties  payable  by  the  United 
States  belong  to  the  Admiral,  to  officers  of  the  Admiral- 
ty, and  to  particular  cities,  and  noblemen — both  one  and 
the  other  would  be  apt  to  lay  claims  of  indemnity  for  the 
privation  or  reduction  of  their  duties,  and  you  will  agree 
that  it  would  not  be  just  to  reduce  them,  or  even  to  sus- 
pend them,  without  hearing  the  parties  interested.  The 
same  may  be  urged  against  reducing  the  whole  of  the 
duties  to  one  denomination,  payable  at  so  much  per  ves- 
sel, according  to  the  number  of  its  masts. 

It  will  then  be  necessary,  sir,  that  the  United  States,  af- 
ter examining  the  statement  of  the  duties,  which  I  had  the 
honor  to  address  you,  should  establish,  with  precision,  the 
demands  they  have  to  '  make  with  respect  to  each  duty. 
On  receipt  of  this,  and  not  before,  I  can  lay  the  whole 
before  his  Majesty,  and  the  United  States  may  be  per- 
suaded, they  will  find  his  Majesty  disposed,  on  every  oc- 
casion, to  give  proofs  of  the  friendship  which  ought  to  ex- 
ist between  him  and  the  United  States,  and  which  will  be 
founded  on  equity  and  justice. 

I  have  the  honor  to  be  &c. 

DE  CALONNE. 

P.  S.  The  operation  you  desire  must,  whatever  atten- 
tion is  paid  to  it,  necessarily  take  up  a  space  of  three  or 
four  months.  It  will  be  doing  in  your  absence,  and  you 
shall  be  informed  of  the  result.  I  send  back  the  state- 
ment of  the  duties  as  they  now  exist.  It  will  be  proper 
you  should  have  it. 


DIPLOMATIC  CORRESPONDENCE.  417 

FROM  THE  MARSHAL  DE    CASTRIES  TO    THE    MARQUIS    DE 
LA  FAYETTE. 

Translation. 

Versailles,  June  17,  1784. 
Sir, 

The  regulation  of  the  commerce  between  the  United 
States  and  our  colonies,  cannot  be  finished  before  your 
departure.  All  that  you  said  to  me  in  favor  of  your 
system  is  present  in  my  ideas;  but  it  will  be  impossible 
for  us  to  give  that  degree  of  liberty  which  you  desire. 
All  that  I  can  foresee  is,  that  there  will  be  a  free  port  for 
the  Americans  in  each  colony,  that  every  thing  which 
was  formerly  received  will  meet  no  difficulty,  and  that 
the  duties  will  be  as  moderate  as  possible. 

With  respect  to  the  regulations  concerning  the  flour 
and  sugar,  I  cannot  as  yet,  fix  any  thing.  The  interest 
of  our  own  commerce  demands  some  consideration,  and  I 
will  treat  fully  on  these  subjects  with  Mr.  Franklin,  and 
the  Consul  General  of  the  United  States. 
I  have  the  honor  to  be,  &c. 

DE  CASTRIES. 


FROM  THE  MARO.UIS  DE  LA    FAYETTE  TO    JOHN   JAY. 
Mount  Vernon,  November  25,  1784. 
Sir, 

Although  I  hope  in  a  few  days  to  have  the  pleasure  of 

seeing  you,  I  must  beg  leave  to  mention  a  matter,  which 

has  not  a  little  hurt  my  feelings.     You  probably  know  that 

on  my  way,  passing  through  New  York,  and  particularly 

VOL.  i.— 53 


418  LA    FAYETTE. 

on  my  visit  to  Albany,  it  was  intimated  my  presence  at  the 
Indian  treaty,  would  be  of  some  use  to  the  public.  At 
Fort  Schuyler  I  was  desired  to  speak  to  the  Indians,  which 
I  did,  and  the  Commissioners  had  the  papers  filled  up  with 
their  other  transactions.  But  copies  were  taken,  which 
was  thought  then  a  matter  of  no  consequence.  The  en- 
closed letter  from  Mr.  St.  John,  and  the  gazette  that  accom- 
panied it,  will  show  you  that  from  the  most  obliging  and 
humble  motives  in  the  world,  he  attempted  to  translate  and 
print  such  incorrect  parts  of  the  relation,  as  he  had  been 
able  to  come  at.  Had  his  kind  intentions  only  given  him 
an  instant  to  reflect,  he  might  have  seen  the  impropriety  of 
that  measure,  but  in  the  meanwhile,  it  looks  as  if  it  had  my 
consent ;  and  such  deviation  is  it  from  the  manner  in  which 
our  servants  of  the  United  States  ever  did  business,  that 
out  of  respect  for  Congress,  for  the  Commissioners,  and 
myself,  I  could  not  rest  easy  until  the  matter  should  be 
fully  explained.  Enclosed  is  my  letter  to  the  French 
Consul,  which,  after  you  have  taken  out  such  extracts  as 
you  think  proper,  I  beg  you  will  seal  up  and  send  by  the 
bearer.  Indeed,  my  dear  Sir,  upon  your  friendship  I  de- 
pend to  have  this  little  circumstance  officially  laid  before 
Congress,  and  should  these  letters  be  worth  their  reading, 
it  will  be,  I  hope,  a  satisfactory  explanation  of  the  affair. 
In  the  first  days  of  next  month,  I  shall  have  the  pleasure 
to  meet  you  at  Trenton,  and  at  that  time  will  have  the 
opportunity  of  conversing  with  you  on  several  subjects. 
No  answer  from  you  ever  came  to  hand. 
I  have  the  honor  to  be,  &c. 

LAFAYETTE. 


DIPLOMATIC  CORRESPONDENCE.  41 9 

FROM  THE  MARQUIS  DE  LA  FAYETTE  TO  JOHN  JAY. 

Versailles,  Februarys,  1785. 
Sir, 

After  thirty  days  passage,  I  was  safely  landed  at  Brest, 
and  am  so  lately  arrived  in  Paris,  that  I  had  better  refer 
you  to  your  ministerial  intelligence.  In  consequence  of 
Austrian  demands  upon  the  Dutch,  and  the  gun  these 

have  fired  at forty  thousand  men  were  sent 

to  the  Low  Countries  by  the  Emperor,  and  a  second 
division  was  in  motion  the  same  way,  when  France  gave 
orders  for  two  armies  to  be  got  in  readiness,  the  one 
probably,  in  Flanders,  and  the  other  in  Alsace.  Holland 
is  gathering  some  troops,  the  greater  number  purchased 
in  Germany,  and  will  have  at  the  utmost,  thirty  thousand 
men  in  the  field.  Count  de  Maillebois,  an  old  and  able 
French  General,  has  been  demanded  by  them.  Russia 
seems  friendly  to  the  Emperor ;  and  although  the  Stadt- 
holder  is  a  friend  to  the  King  of  Prussia,  while  the  patri- 
ots are  wholly  attached  to  France,  yet  Prussia  will,  no 
doubt,  side  in  politics  with  France,  and  the  Stadtholder 
will  command  his  own  country's  troops. 

A  grand  plan  is  spoken  of,  whereby  the  Emperor  would 
endeavor  to  obtain  Bavaria,  and  in  return,  give  the  Low 
Countries  to  the  Palatine  House  ;  a  bargain  which 
betters  and  increases  the  Imperial  forces.  Uader  these 
circumstances,  negotiations  cannot  but  be  very  interesting. 
Although  the  freedom  of  Holland,  and  the  protection  of 
the  German  Princes,  are  very  proper  objects  for  France 
to  support,  yet  a  war  with  the  Emperor  must  be  peculiarly 
disagreeable  to  the  court.  It  will  certainly  be  avoided, 
if  consistent  with  the  liberties  of  Holland,  with  faith,  and 


420  LA   FAYETTE.    . 

dignity  ;  and,  upon  the  whole,  I  am  strongly  of  opinion, 
that  no  war  will  take  place,  at  least  for  this  year.  The 
appearance  of  things,  however,  is  still  warlike  enough  to 
have  made  it  proper  for  me  to  be  arrived  at  the  time  I 
did ;  an  idea,  I  confess,  the  more  necessary  for  the  situa- 
tion of  my  mind,  as  I  most  heartily  lamented  the  shortness 
of  this  visit  to  America,  and  the  obligation  I  had  been 
under  to  give  up  favorite  plans,  and  break  off  more  agree- 
able arrangements.  The  officers  of  the  regiments  under 
marching  orders,  Colonels  excepted,  have  joined  their 
corps.  But  I  hope  matters  will  be  compromised ;  and 
such  at  least,  is  my  private  opinion  ;  but  even  they,  who 
know  more  than  I  do  on  the  subject,  would,  perhaps,  find 
it  difficult  to  form  a  precise  one. 

The  Ministers  of  Congress  will,  no  doubt,  inform  you 
of  the  situation  of  their  negotiations  in  Europe.  You 
will  have  seen  M.  de  Castine's  compliance  with  engage- 
ments. He  had  taken  a  letter  to  me,  which  Mr.  Morris 
laid  before  Congress.  Nothing  new  was  granted,  and  al- 
though the  suspended  decisions  about  flour  and  sugars 
were  favorable  to  them,  the  French  merchants  have  com- 
plained of  what  has  been  obtained.  In  every  country, 
mercantile  prejudices  wear  off  by  little  and  little. 

I  beg,  my  dear  Sir,  you  will  forgive  the  hurry  in 
which  I  write.  Be  pleased  to  remember  me  to  all  our 
friends. 

I  have  the  honor  to  be,  &c. 

LAFAYETTE. 


DIPLOMATIC  CORRESPONDENCE.  421 

FROM  THE  MARQ.UIS  DE  LA  FAYETTE  TO  JOHN    JAY. 

Paris,  March  19,  1785. 
Sir, 

I  have  been  honored  with  your  letter  of  January,  the 
19th,  and  am  happy  to  hear  that  federal  ideas  are  thriving 
in  America.  The  more  I  see,  hear,  and  think  in  Europe, 
the  more  I  wish  for  every  measure  that  can  ensure  to  the 
United  States,  dignity,  power,  and  public  confidence. 
Your  three  Ministers  being  in  Paris,  they  will,  of  course 
acquaint  you  with  the  present  state  of  America,  and  also 
of  European  politics.  Great  Britain  perseveres  in  her 
ill-humor :  Spain  in  her  ill-understood  policy.  On  my 
arrival,  I  repeated  what  I  had  written ;  namely,  the  idea 
of  getting  New  Orleans,  or  at  least  to  advise  the  Span- 
iards to  make  it  a  free  port.  The  former  is  impossible. 
As  to  the  second,  I  had  no  positive  answer ;  but  I  am 
sure  my  opinion  was  not  thrown  away.  However  I  con- 
fess it  is  difficult  to  make  converts  of  a  Spanish  cabinet. 
You  know  them  better  than  I  do. 

Negotiations  in  Europe,  are  still  going  on,  and  there 
is  every  reason  to  hope  this  will  be  terminated  without 
bloodshed.  Enclosed  you  will  find  a  declaration,  which 
has  been  published  officially  in  some  measure,  in  the  Ley- 
den  Gazette.  Count  de  Maillebois  is  now  in  Holland, 
where  they  are  raising  troops,  and  where  parties  run  very 
high.  In  the  meanwhile,  the  Emperor  had  another  plan 
in  view,  of  which  I  wrote  to  you  in  my  last  letters  ;  it  was 
to  exchange  his  dominions-in  the  Low  Countries  for  the 
Electorate  of  Bavaria.  But,  fortunately  for  all  the  mem- 
bers of  the  empire,  the  Duke  of  Deux  Fonts,  nephew 
and  heir  to  the  Elector  has  firmly  opposed  it.  A  report 


422  LA   FAYETTE. 

has  been  spread  that  the  Emperor  had  intended  to  sur-' 
prise  Maestricht.  But  although  matters  are  not  yet  finally 
settled,  I  am  pretty  certain  there  will  not  be  this  year 
any  Dutch  war,  nor  Bavarian  war,  both  of  which  could 
not  fail  to  involve  France.  It  is,  however,  difficult  to  be 
decided  in  an  opinion  upon  a  matter,  which  the  ideas  of 
one  man  may  derange. 

You  speak  to  me  of  the  introduction  of  flour  in  the 
West  Indies.  My  wishes  and  my  efforts  are  not  unknown 
to  you.  But  such  clamors  have  been  raised  by  the 
merchants  against  what  we  lately  have  obtained,  that  our 
efforts  now,  must  be  directed  towards  holding  it  fast. 
These  people  are  encouraged  by  the  narrow  politics  of 
England,  who,  say  they,  have  all  the  trade  of  America. 
I  have  appointed  a  conference  with  the  Due  de  la  Vau- 
guyon,  who  is  setting  out  for  Spain,  and  I  will  tell  him 
every  thing  I  know  respecting  the  Mississippi. 

Your  Ministers  will,  probably  write  to  you  respecting 
the  Algerine  business.  What  information  I  can  collect 
will  be  presented  to  them. 

I  have  the  honor,  &,c. 

LAFAYETTE. 


FROM    JOHN    JAY    TO  THE  MARQUIS  DE    LA  FAYETTE. 

Office  for  Foreign  Affairs,     7 
.  July  15,  1785.  $ 

Sir, 

Accept  my  thanks  for  your  interesting  letter  of  the  19th 
March,  which  was  immediately  communicated  to  Con- 
gress. I  consider  it  as  a  new  proof  of  that  constant  and 


DIPLOMATIC  CORRESPONDENCE.  423 

useful  attention  to  our  affairs,  from  which  the  United 
States  so  often  derived  both  pleasure  and  advantage.  Let 
me  request  the  continuance  of  your  correspondence,  and 
be  assured  that  it  will  always  give  me  pleasure  to  com- 
municate to  you  such  intelligence  respecting  American 
occurrences  as  may  appear  interesting. 

Don  Diego  de  Gardoqui  is  arrived,  and  has  been  re- 
ceived so  much  in  the  spirit  of  friendship,  that  I  hope  his 
master  and  himself  will  be  well  pleased.  Our  negotia- 
tions with  him  will  soon  commence,  and  I  sincerely  wish 
that  the  issue  of  them  may  be  satisfactory  to  both  coun- 
tries. To  prepare  for  war,  and  yet  be  tenacious  of  peace 
with  all  the  world,  is,  I  think,  our  true  interest.  I  wish 
M.  Gardoqui's  instructions  may  be  sufficiently  extensive 
to  admit  of  a  settlement  of  our  boundaries,  &c.  on  prin- 
ciples which  alone,  can  create  and  perpetuate  cordiality. 
The  British  show  no  disposition  to  evacuate  our  fron- 
tier posts.  What  their  real  designs  are,  can  at  present, 
be  only  inferred  and  conjectured  from  appearances;  and 
present  appearances  induce  a  suspicion  that  they  mean  to 
hold  them.  The  letters  we  expect  from  Mr.  Adams  will 
probably  remove  all  doubts  on  that  head.  It  is  certain 
that  they  pay  great  attention  to  the  Indians,  and  give 
great  encouragement  to  emigrants  from  us.  Their  expec- 
tations from  the  latter  circumstance  will  fail  them.  I  wish 
that  every  acre  of  ground  they  hold  in  America  was  set- 
tled by  natives  of  the  United  States.  They  would  trans- 
plant their  love  of  liberty,  their  spirit  of  enterprize,  and 
their  attachment  to  republicanism,  into  countries  in  which 
it  is  our  interest  that  such  plants  should  be  propagated 
and  flourish.  In  time  they  will  bear  fruit. 

The  commercial  class  of  our  people  sensibly  feel  the 


424  LA   FAYETTE. 

restraints  on  our  trade,  and  look  up  to  Congress  for  a 
remedy  ;  good  will  come  out  of  evil.  These  discontents 
nourish  federal  ideas.  As  trade  diminishes,  agriculture 
must  suffer,  and  hence  it  will  happen  that  our  yeomen  will 
become  as  desirous  of  increasing  the  powers  of  Congress 
as  our  merchants  now  are.  All  foreign  restrictions,  exclu- 
sions, and  unneighborly  ordinances,  will  tend  to  press  us 
together,  and  strengthen  our  bonds  of  union. 

I  send  you  herewith,  a  number  of  gazettes,  from  which 
you  will  discern  something  of  the  spirit  which  prevails. 

Congress  go  on  doing  business  with  great  concord, 
temper  and  harmony.  I  enclose  a  copy  of  the  ordi- 
nance for  regulating  the  Land  Office.  They  are  now  on 
the  subject  of  Requisitions,  and  I  flatter  myself  that  as 
the  highest  respect  for  good  faith  prevails  in  the  House, 
that  exertions  will  be  made  by  the  States,  to  preserve  the 
public  credit. 

Governor  Livingston  was  appointed  for  the  Hague ; 
but  declining  that  place,  Governer  Rutledge  has  been 
elected  for  it.  His  answer  has  not  reached  us. 

When,  my  dear  sir,  will  your  Court  send  us  a  Minis- 
ter ?  Our  having  one  at  Versailles,  affords  reason  to 
expect  one  from  thence.  The  report  of  Monsieur  de 
Moustier's  coming  over  in  that  capacity,  dies  away ;  from 
the  little  I  saw  of  him  at  Paris,  I  am  inclined  to  think 
he  would  be  an  agreeable  as  well  as  an  able  Minister. 

Mrs.  Jay  joins  me  in  requesting  the  favor  of  you  to 
present  our  compliments  to  the  Marchioness. 

With  great  esteem  and  regard,  &,c. 

JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE.  425 

FROM    THE    MARQUIS  DE  LA  FAYETTE    TO    JOHN    JAY. 

Paris,  April  18,  1785 

Sir, 

Having  been  requested  by  some  persons  in  this  Court, 
to  lay  before  Congress  the  case  of  an  orphan  lady,  who 
has  a  sum  of  money  in  the  continental  funds,  I  think  it  is 
more  proper  to  address  this  letter  to  you,  as  it  is  connect- 
ed with  the  Department  of  Foreign  Affairs.  The  young 
lady's  mother  was  Miss  Stonestreet,  by  her  family  name, 
and  her  father  was  a  Mr.  Thomas,  merchant  of  Martinico. 
Her  guardian,  the  Sieur  de  Poisson,  town  Major  of  the 
city  of  Quesnoy,  will  apply  to  Congress  by  means  of  M. 
de  Marbois,  who  is  the  proper  channel  for  that  business. 
But  after  I  had  said,  that  the  justice  of  Congress,  and 
the  principles  of  the  American  Government,  made  a  re- 
commendation an  useless  thing,  I  could  not  refuse  this 
letter,  unless  I  had  seemed  to  entertain  a  doubt  of  the 
good  effect  the  case  of  this  orphan  will  certainly  have  in 
her  behalf,  provided  her  demands  are  well  grounded. 

With  affectionate  regard,  I  have  the  honor  to  be,  &c. 

LAFAYETTE. 


FROM    THE    MARQUIS  DE  LA  FAYETTE    TO    JOHN    JAY. 

Paris,  April  18,  1785. 

Sir, 

This  letter  will  be  delivered  by  M.  Barr£,  a  French 
officer,  who  has  served  on  board  our  continental  ships  of 
war,  and  whose  sufferings  in  that  capacity,  have  been  ex- 
plained in  the  petition  I  did  myself  the  honor  to  send  to 
VOL.  i 54 


426  LA    FAYETTE. 

you  to  Trenton.  He  has  requested  me  to  give  him  this 
line  of  introduction,  and  seems  to  me  •  to  have  behaved 
very  well  in  his  expeditions. 

With  the  highest  and  most  affectionate  regard,  I  have 
the  honor  to  be,  &c. 

LAFAYETTE. 


FROM    THE    CHEVALIER    BARRE    TO    JOHN    JAY. 

Translation. 

L'Orient,  June  29,  1785. 
Sir, 

An  unfortunate  event  has  prevented  my  having  the 
honor  of  presenting  to  you,  myself,  the  letter  from  the 
Marquis  de  la  Fayette,  which  he  sent  me  from  Paris,  for 
the  purpose  of  reminding  you  of  a  memorial  which  he  pre- 
sented the  last  time  he  was  at  Trenton.  He  has  assured 
me,  that  you  were  informed  of  the  event,  which  places  me 
in  the  condition  to  claim  your  good  offices  with  Congress, 
for  a  recompense  for  my  services  in  the  unfortunate 
events  which  befel  me  under  the  American  flag.  If  you 
have  condescended  to  consider  my  memorial,  you  will 
have  seen  the  frightful  detail  of  the  torments  which  I  suf- 
fered at  that  time,  and  I  hope  that  you  will  pay  regard 
thereto — my  acknowledgements  shall  be  eternal.  I  have 
sent  herewith,  the  letter  of  the  Marquis  de  la  Fayette. 
His  protection,  added  to  my  services,  will  surely  merit 
your  kindness.  At  the  time  of  my  last  voyage  to  Ameri- 
ca, I  had  reasons  to  expect  the  cross  of  Cincinnati, 
and  a  grade  in  the  American  marine.  As  I  have  served 
in  the  quality  of  ensign  on  board  of  two  frigates  in  the 


DIPLOMATIC  CORRESPONDENCE.  427 

service  of  Congress,  in  this  capacity  I  dare  hope  that  my 
demand  will  be  granted  to  me. 

I  have  the  honor  of  being,  with  respect,  &c. 

BARRE. 

P.  S.  M.  Deveau,  an  officer  on  board  the  packet,  is 
the  person  who  has  the  honor  to  deliver  you  this  let- 
ter. If  you  have  the  goodness  to  do  any  thing  for  me,  I 
beg  of  you  to  send  the  same  to  the  Marquis  de  la  Fay- 
ette,  and  to  advise  me  thereof. 

This  is  my  address:  M.  the  Chevalier  Barre,  officer  of 
the  Marine,  at  the  Hotel  of  M.  Merenard,  L'Orient. 


MEMORIAL    FROM    THE    CHEVALIER   BAHRE  TO    THE    PRE- 
SIDENT OF  CONGRESS. 

Translation. 
Sir, 

The  Sieur  Barre  lieutenant  of  a  frigate  in  the  service 
of  France,  has  the  honor  to  represent  to  your  Excel- 
lency, that  he  was  taken  by  Sir  James  Luttrell,  com- 
manding the  Mediator,  a  ship  of  fifty  guns,  in  an  Ameri- 
can frigate  of  twenty-eight  nine  pounders,  commanded 
by  the  Sieur  Gregory,  lieutenant  of  a  vessel  in  the  ser- 
vice of  Congress.  The  Sieur  Barre  was  ensign  on  board 
this  frigate,  and  claims  the  protection  of  Congress,  that 
he  may  have  a  brevet,  and  be  advanced  in  the  American 
marine.  The  cruelty  with  which  he  was  treated  by  the 
English  will  surely  operate  in  his  favor ;  and  he  is  cer- 
tain that  the  gentlemen  are  acquainted  with  the  affair, 
the  recital  of  which  he  subjoins. 

The  Mediator  came  up  with  us  on  the  12th  Decem- 


428  LA    FAYETTE. 

ber,  1782,  at  nine  o'clock  in  the  morning,  we  being  then 
to  leeward  of  her,  in  company  with  the  Menagere,  a 
vessel  armed  en  flute  belonging  to  the  King  of  France, 
on  her  way  to  America.  The  Menagere  left  us  after 
firing  the  first  shot,  making  a  signal  for  safety  ;  the 
Sieur  Gregory  would  not  attempt  to  escape,  but  held 
out  as  long  as  he  could :  however,  two  shots  between 
wind  and  water,  and  the  inequality  of  force,  obliged 
us  to  strike  to  avoid  being  sunk  ;  the  ships  boats  came 
immediately  on  board,  and  their  people  treated  us  ex- 
ceedingly ill,  killed  two  of  our  men,  and  made  us  em- 
bark without  allowing  us  to  take  the  smallest  part  of 
our  effects.  When  we  arrived  on  board  the  ship  the 
captain  put  us  in  the  boatswain's  store-room,  and  kept 
us  there  until  night,  at  midnight  we  were  ordered  upon 
deck,  and  were  sent  into  the  gunner's  room.  Until 
this  time,  nothing  appeared  to  presage  the  unfortunate 
event,  which  caused  my  detention  for  five  months. 

The  next  day,  about  ten  o'clock  in  the  evening,  after 
every  body  had  gone  to  bed,  an  eighteen  pounder 
was  fired  off,  near  the  place  where  I  was  ordered  to 
sleep.  The  explosion  was  terrible,  the  port  was  carried 
away,  the  side  planks  were  burst  off,  and  the  several 
cabins  near  were  overturned,  the  alarm  was  universal, 
and  I  was  instantly  accused  of  firing  off  the  cannon  as  a 
signal  for  raising  the  sailors  who  were  on  board,  prisoners, 
to  surprise  the  ship.  I  was  obliged  to  defend  my  life 
against  twenty  assailants,  and  prevent,  by  a  steady  coun- 
tenance, the  whole  effect  of  their  rage;  I  could  no  longer 
resist,  and  was  obliged  to  yield ;  captain  Gregory  and 
myself  were  dragged  by  the  hair  and  driven  with  blows 
of  the  sword  into  the  captain's  cabin,  where  we  under- 


DIPLOMATIC  CORRESPONDENCE.  429 

went  a  frightful  examination,  and  putting  his  feet  on  our 
necks,  the  swords  to  our  breasts,  and  our  feet  before  a 
glowing  fire,  but  not  being  able  to  draw  any  discovery 
from  us,  he  resolved  to  tie  us  hand  and  feet,  and  ordered 
us  on  the  quarter  deck,  and  then  put  a  rope  round  our 
ancles  and  balls  to  our  feet,  in  short,  every  thing  was 
prepared  for  the  most  frightful  punishment.  Having  no 
proof  of  what  we  were  accused,  he  concluded  to  put  our 
hands  and  feet  in  irons,  and  made  us  remain  at  the  door 
of  his  cabin  for  seventeen  days,  and  at  his  arrival  at 
Plymouth  he  sent  us  to  a  dungeon  in  the  same  situation, 
where  we  remained  twenty  days,  from  whence  we  were 
taken,  because  having  no  proof  we  could  not  be  convicted. 
We  were  enlarged  and  put  into  the  American  prison 
with  our  sailors,  and  we  still  continued  three  months  and 
a  half  in  the  same  distress,  having  nothing  but  what  we 
had  on  at  the  time  of  action.  In  short,  the  12th  June, 
1783,  we  were  sent  away  in  a  flag  to  France,  and  I 
conducted  the  Americans  from  Roscour  to  Nantz,  where 
they  found  a  consul  belonging  to  their  nation.  I  con- 
ceive, therefore,  gentlemen,  that  I  have  a  right  to  ask 
your  kindness  in  advancing  me  in  your  marine,  and  giving 
me  rank  ;  whatever  you  may  do  for  me,  shall  be  an  obli- 
gation on  my  part  towards  you,  should  any  accident  oc- 
casion new  troubles  to  derange  the  order,  your  Excel- 
lencies have  established. 


430  LA  FAYETTE. 

FROM  JOHN  JAY  TO  THE  MARQUIS  DE  LA  FAYETTE. 

New  York,  September  16,  1785. 
Sir, 

I  have  been  honored  with  your  letter  of  the  18th  April 
last,  together  with  one  from  M.  Barre,  respecting  his  case. 
These  papers  are  now  before  Congress.  I  shall  do  my- 
self the  honor  to  inform  you  of  the  result,  and  am,  with 
great  esteem  and  regard,  dear  sir,  &cc. 

JOHN  JAY. 


FROM    JOHN    JAY    TO    THE    MARQ.UIS    DE    LA    FAYETTE. 
New  York,  October  21,  1785. 
Sir, 

The  interest  which  you  have  benevolently  taken  in  the 
case  of  M.  Barre,  renders  it  proper  that  I  should  inform 
you  of  the  result  of  his  application.  This  will  be  best 
done  by  sending  you  a  copy  of  my  letter  to  him  on  the 
subject,  and  you  will  find  it  herewith  enclosed. 

Monsieur  Barre  speaks  of  his  serving  as  an  ensign,  on 
board  an  American  frigate,  commanded  by  M.  Gregory, 
and  being  taken  by  the  Mediator,  captain  Luttrell. 

The  enclosed  copy  of  a  letter  from  Mr.  Hardy  to 
Secretary  Thompson,  places  that  matter  in  a  different 
light  from  the  one  in  which  M.  Barre  represents  it;  for 
if  seems  from  thence,  that  instead  of  an  American  frigate, 
she  was  a  private  armed  French  vessel. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE.  431 


FROM    MR.    HARDY    TO    SECRETARY    THOMPSON. 

Treasury  Office,      7 
September  13,  1785.5 

Sir, 

Agreeable  to  your  request,  I  shall  do  myself  the  honor 
to  give  you  such  information  respecting  Mr.  Stephen 
Gregory,  as  the  length  of  the  time  past  and  my  memory 
will  admit  of. 

Before  I  proceed  further,  it  may  not  be  improper  to 
inform  you,  that  Mr.  Gregory  was  a  lieutenant  on  board 
the  Confederacy  frigate,  in  the  service  of  the  United 
States,  in  which  ship  I  had  also  the  honor  of  bearing  the 
the  rank  of  captain  of  marines.  In  the  month  of  April, 
1781,  we  were  captured  on  the  coast  and  brought  into 
this  port,  from  whence  we  were  sent  prisoners  to  Eng- 
land. We  escaped  at  different  periods,  and  happily  met 
again  in  Nantes.  At  which  place  Mr.  Gregory,  in  the 
month  of  April  or  May,  1782,  was  appointed  to  the  com- 
mand of  a  merchant  ship,  then  lying  at  Bayonne,  called 
the  Alexander,  belonging  to  M.  Beaumarchais,  merchant 
in  Paris,  by  his  partner,  (I  think,)  a  Mr.  Francis,  then  at 
Nantes;  from  whence  he  proceeded  and  took  command 
of  her.  On  his  route  from  Bayonne  to  Bordeaux,  in  the 
month  of  October  following,  with  several  vessels  under 
his  convoy,  he  fell  in  with  and  engaged  an  enemy's 
cruiser;  his  ship  was  considerably  damaged  in  the  action, 
which  obliged  him  to  put  into  Rochelle.  Whether  from 
that  ship's  being  so  much  disabled,  or  what  other  circum- 
stance, I  cannot  recollect,  but  Mr.  Gregory  was  turned 
over  to  another  ship  of  twenty  guns,  at  Bordeaux,  her 
name  I  do  not  recollect,  and  as  I  always  understood  in 


432  LA    FAYETTE. 

the  same  employ.  From  that  port,  he  sailed  in  the  latter 
end  of  the  year  1782,  in  company  with  the  Menagere  of 
thirty-six  guns,  and  the  Iphigine,  a  new  ship,  mounting 
twenty-four  guns,  built  at  Nantes  whilst  I  was  there, 
(both  in  the  same  employ)  and  two  or  three  others,  bound 
for  Cape  Francois.  Before  they  got  out  of  the  Bay  of 
Biscay,  they  fell  in  with  the  Mediator,  an  English  forty 
gun  ship,  and  unfortunately,  after  an  action  in  which 
Gregory's  ship  suffered  considerably,  he  was  captured, 
together  with  the  Menagere. 

A  particular  detail  of  this  capture,  and  Mr.  Gregory's 
attempt  to  rise  and  take  the  Mediator,  whilst  he  was  a  pri- 
soner on  board  of  her,  you  will  find  by  a  letter  from  captain 
Luttrell  to  the  Admiralty,  published  in  the  Philadelphia 
papers  the  beginning  of  the  year  1783. 

From  the  aforegoing  circumstances,  and  my  intimacy 
with  Mr.  Gregory,  together  with  the  frequent  communi- 
cation that  was  kept  up  between  us,  by  letters,  before  he 
sailed,  (some  of  which  I  have  preserved,)  I  have  every 
reason  to  conclude  that  Mr.  Gregory,  at  that  time,  was 
in  private  French  service,  though  bearing  an  American 
commission. 

Should  this  information  answer  the  desired  purposes,  I 
shall  be  happy  in  giving  it,  and  equally  ready  in  render- 
ing any  further  that  may  be  in  my  power. 

I  am,  with  the  utmost  respect,  &c. 

JOSEPH  HARDY. 


DIPLOMATIC  CORRESPONDENCE.  433 

FROM    THE    MARQUIS  DE  LA  FAYETTE  TO  JOHN  JAY. 

Paris,  May  11,  1785. 
'Sir, 

This  opportunity  being  very  safe,  Congress  will  have 
been  fully  informed  by  their  Minister  and  the  bearer,  Mr. 
John  Adams'  son,  who  is  himself  very  well  fit  to  give 
them  proper  intelligence. 

The  appearances  of  a  war  are  more  and  more  remote. 
Politicians,  however,  look  towards  the  Ottoman  Empire. 
The  Emperor  is  restless.  The  Empress  of  Russia  is  am- 
bitious ;  the  King  of  Prussia  is  old ;  a  King  of  the  Ro- 
mans is  to  be  elected ;  an  arrangement  for  Bavaria;  a 
reason  or  a  pretence,  an  interest  or  a  whim  might  set  fire 
to  combustible  matters ;  but  it  is  not  expected  for  the  pre- 
sent. 

As  it  seems  to  me  that  favors  granted  to  American  im- 
portations are  the  best  services  that  can  be  rendered 
to  American  trade,  I  wish  it  had  been  possible  to  obtain  a 
total  abolition  of  duties  upon  whale  oil.  But  in  this  mo- 
ment government  are  taken  up  with  a  scheme  to  revive 
that  fishery  in  France.  It  was  therefore  necessary  to 
follow  a  round  about  course,  and  Mr.  Adams  is  charged 
with  some  private  proposals,  which  may  be  advantageous. 

In  a  few  days  I  intend  visiting  Nismes,  Montpelier,  and 
Rochelle,  which  are  manufacturing  and  trading  towns.  I 
hope  my  little  journey  may  not  be  quite  useless  ;  after 
which  I  shall  go  to  Berlin  and  Silesia,  to  Vienna  and  Bo- 
hemia, where  the  King  of  Prussia,  and  the  Emperor,  at 
several  periods  of  the  summer,  have  grand  mano3uvres  ex- 
ecuted by  their  troops.  Should  I  in  those  visits  find  the 
least  opportunity  to  gratify  my  zeal  for  the  United  States, 
VOL.  i.— 55 


434  LA   FAYETTE. 

I  should  think  myself  more  happy  than  I  can  expect,  and 
as  much  so  as  your  patriotic  heart  can  feel. 

With  the  most  sincere  regard  and  affection  I  have  the 
honor  to  be,  &tc. 

LAFAYETTE. 


FROM    THE    MARQUIS    DE    LA    FAYETTE    TO    THOMAS 
JEFFERSON. 

Translation. 

Vienna,  September  4,  1785. 
Sir, 

This  letter  will  be  delivered  to  you  by  a  private 
courier  of  M.  De  Noailles,  who  has  been  in  my  family, 
and  who,  I  am  sure,  will  take  proper  care  of  my  des- 
patches. 

Since  I  had  the  pleasure  to  see  you,  I  have  been  at 
the  Prussian  court  and  the  Prussian  camps,  with  which  I 
was  much  pleased,  and  now  am  at  Vienna,  with  an  in- 
tention soon  to  return  to  Potsdam,  where  there  will  be  a 
great  deal  of  rnanoBuvring. 

The  kind  reception  I  met  with  in  every  part  of  my 
journey,  has  given  me  the  means  to  hear  and  to  speak 
much  on  the  affairs  of  America.  I  find  the  misrepre- 
sentations of  Great  Britain  have  not  been  fruitless.  The 
strength  of  the  Union,  the  powers  of  Congress,  the  dis- 
positions of  the  people,  and  the  principles  of  trade,  are 
points  upon  which  I  have  had  many  opportunities  to 
give  the  lie  to  false  assertions  of  newspapers,  and  to  set 
to  rights  the  false  ideas  of  misinformed  people. 

It  is  useless  to  observe  I  wish  the  good  measures  now 


DIPLOMATIC  CORRESPONDENCE.  435 

in  contemplation,  may  be  soon  executed  ;  but  in  the 
meanwhile,  I  more  than  ever  wish  we  may,  in  newspa- 
pers, counteract  the  uncandid  accounts  that  are  some- 
times given. 

On  the  first  day  I  saw  the  King  of  Prussia,  he  spoke 
with  me  on  the  present  situation  of  American  affairs. 

The  Marquis  De  Tuchesiny,  his  friend,  paid  me  a 
visit  in  the  afternoon,  wherein  I  introduced  the  subject 
of  the  treaty  of  commerce  between  his  Majesty  and  the 
United  States.  Since  which  the  King  has,  sometimes, 
at  dinner,  put  his  questions  to  me,  on  the  resources,  the 
Union,  and  the  future  existence  of  America  ;  and  I  do 
not  think  they  would  have  been  so  properly  answered 
by  the  Duke  of  York  or  Lord  Cornwallis,  who  were 
two  of  the  guests.  I  fancy  I  may  have  still  more  par-. 
ticular  opportunities  to  know  his  opinions,  and  to  intro- 
duce my  ideas. 

On  the  day  before  yesterday  I  arrived  at  Vienna,  and 
yesterday  morning  waited  on  the  Emperor.  The  misrepre- 
sentations about  America,  the  good  measures,  that  had 
been,  and  were  to  be  taken,  the  necessity  to  improve  this 
moment,  and  come  early  into  liberal  treaties,  that  would 
open  the  door  to  American  importations,  in  order  to  pay 
for  Austrian  goods.  Such  were  the  points  to  which  I 
directed,  and  sometimes  forced  the  conversation.  It  was 
a  great  object  with  him  to  know  if  the  Americans  would 
be  their  own  carriers. 

The  same  day,  in  the  evening,  Prince  Kaunitz,  the 
Prime  Minister,  very  willingly  came  into  the  subject  of 
American  trade,  which  I  had  brought  about  in  a  private 
conference — that  carrying  trade  was  again  the  topic ;  I  ad- 
vised them  to  send  Consuls  to  settle  partnerships  in 


436  LA    FAYETTE. 

America,  as  no  trade  could  last,  but  what  was  mixed  and 
reciprocal.  I  detailed  out  the  objects  of  American  ex- 
portations,  as  I  had  done  to  the  Emperor.  Why  then 
(said  Prince  Kaunitz)  don't  they  make  advances  to  us  ? 
I  answered,  advances  had  been  made,  and  more,  in  my 
opinion,  than  were  necessary,  but  they  had  not  been 
listened  to  in  that  time,  and  for  the  present,  that  I  had 
heard  something  as  if  an  answer  was  expected  from  the 
Emperor.  He  said  the  demand  had  been  an  indirect 
one.  At  last  I  concluded  the  conversation  with  telling 
him  that  I  knew  nothing  of  particulars,  but  had  heard 
Congress,  the  people  and  their  ministers  in  Europe, 
express  a  desire  to  be  upon  a  very  friendly  footing  with 
the  Emperor ;  that  as  a  friend  I  advised  him  to  lose  no 
time,  and  he  knew  very  well  no  treaty  could  go  on  with- 
out reciprocity.  I  therefore  thought  the  first  measure 
was  to  open  the  Italian  ports,  for  the  salt  fish  of  America. 
From  our  conversation,  I  am  apt  to  think  he  may  order 
his  Ministers  to  talk  with  you  or  Mr.  Adams,  and  I 
wished  to  write  you  what  had  passed  between  us,  where- 
in I  spoke  as  a  man,  who,  being  ignorant  of  particulars, 
could  only  offer  an  humble  advice  to  his  Imperial  Ma- 
jesty, but  upon  the  whole  I  don't  think  you  will  have  a 
very  great  trade  this  way. 

As  I  think  these  hints  may  be  agreeable  to  our  friend 
Mr.  Adams,  I  beg  you  will  send  the  letter  by  a  safe 
hand,  as  opportunities  often  offer.  There  is  such  a  dis- 
tance between  Congress  and  myself,  that  I  will  leave  to 
you  to  trouble  them  with  the  news  of  my  German  tour. 

Adieu,  my  dear  sir,  my  compliments  to  Humphreys, 
Mr.  Short,  and  our  other  friends  at  Paris. 

Most  respectfully,  &c. 

LAFAYETTE. 


DIPLOMATIC  CORRESPONDENCE.  437 

FROM    THE    MARQUIS   DE  LA  FAYETTE  TO    JOHN    JAY. 
Vienna,  September  6,  1785. 

Sir, 

The  enclosed  is  a  memorial  in  behalf  of  M.  d'Argayna- 
rats,  who  has  been  recommended  to  me  by  persons  of  the 
most  respectable  character.  It  seems  M.  d'Argaynarat's 
situation  is  very  particular,  and  the  distress  of  himself  and 
family  very  urgent.  As  in  the  number  of  petitions  that 
may  be  received,  it  is  not  possible  for  Congress  to  be  ac- 
quainted with  the  family  affairs  of  individuals,  I  hope  it  is 
not  improper  for  me  to  lay  before  them  this  particular 
case  ;  and  while  it  is  officially  presented  by  others,  not  to 
withhold  my  certificate  of  the  accounts,  which  respectable 
characters  have  given  me  about  M.  d'Argaynarat's  pre- 
sent distresses. 

With  the  highest  and  most  affectionate  regard,  I  have 
the  honor  to  be,  &c. 

»      LAFAYETTE. 


MEMORIAL  OF  THE  SIEUR   D'ARGAYNARATS. 

Translation. 

The  Sieur  D'Argaynarats,  at  the  same  time  attached 
to  the  military  state,  and  engaged  in  commerce  at  St. 
Jean  de  Luz,  desirous  to  concur  with  all  his  feeble  power 
towards  the  liberty  of  the  United  States  of  America, 
freighted  a  ship  in  1778,  to  send  them  different  merchan- 
dizes and  warlike  stores ;  among  others,  twenty  pieces  of 
cannon. 

His  ship  arrived  safely  at  Salem,  where  all  his  merchan- 
dizes and  stores  were  sold  by  a  Mr.  La  Fitte,  merchant; 


438  LA    FAYETTE. 

but  there  was  only  remitted,  for  their  amount,  one  hun- 
dred forty-three  thousand  six  hundred  sixteen  dollars  in 
paper  money,  of  the  old  continental  emission,  which 
were  deposited  in  the  Consul  General's  office,  at  Boston, 
the  26th  March,  1782;  the  Sieur  D'Argaynarats  having 
no  news  thereof  till  that  time.  This  paper  still  remains 
there,  so  that  he  has  not  touched  a  single  farthing  of  the 
proceeds  of  the  said  merchandizes  and  stores. 

The  risks  which  he  has  run  in  sending  those  provi- 
sions, the  distressing  and  cruel  situation  in  which  this 
affair  involves  him,  lead  him  to  hope,  that  the  United 
States  will  be  pleased  to  distinguish  him  amongst  the 
other  merchants. 

The  value  of  the  said  stores  and  merchandizes  formed 
the  whole  of  his  fortune. 

He  has  a  wife  and  six  children  whom  he  has  brought 
up  in  habits  of  industry  and  virtue,  and  who,  by  this 
event,  are  involved  in  absolute  indigence,  and  the  entire 
want  of  the  first  necessaries  of  life.  This  cruel  situation, 
which  has  no  example,  is  the  motive  which  has  deter- 
mined this  application.  The  interest  which  the  French 
Minister  will  be  pleased  to  take  therein,  gives  him  the 
assurance  that  the  United  States  will  relieve  an  unfor- 
tunate father,  who,  carried  away  by  his  zeal,  has  sacri- 
ficed for  them  his  subsistence  and  that  of  his  whole  family. 

There  is  not  a  single  person  among  the  holders  of  simi- 
lar paper  money,  whose  case  can  any  away  be  like  his  own. 
Should,  however,  the  United  States  fear  that  by  ordering 
payment  to  him,  they  may  give  reason  for  their  other 
creditors,  after  this  example,  to  demand  theirs,  he  at 
least  flatters  himself  that  they  will  be  pleased  to  provide 
for  his  just  indemnification,  by  some  indirect  means, 
whatever  they  may  be. 


DIPLOMATIC  CORRESPONDENCE.  439 

FROM    THE    MARQ.UIS  DE    LA  FAYETTE  TO    JOHN    JAY. 

Paris,  February  11,  1786. 
Sir, 

I  have  not  for  a  long  time  had  the  honor  to  address 
you,  either  in  public  or  private  letters.  This  has  been 
owing  to  a  tour  I  made  through  several  parts  of  Europe, 
and  to  a  derangement  in  the  packets,  which,  to  my  great 
concern,  I  found  to  have  taken  place  during  my  absence. 

In  the  course  of  a  journey  to  Prussia,  Silesia,  the  Aus- 
trian dominions,  and  back  again  to  Berlin,  I  could  not  but 
have  many  opportunities  to  improve  myself  by  the  inspec- 
tion of  famous  fields  of  battle,  the  conversation  of  the 
greatest  Generals,  and  the  sight  of  excellent  troops  ;  those 
of  Prussia  particularly  exceeding  my  expectations.  I  had 
occasions  not  less  numerous  to  lament  the  folly  of  nations, 
who  can  bear  a  despotic  government,  and  to  pay  a  new 
tribute  of  respect  and  attachment  to  the  constitutional  prin- 
ciples we  had  the  happiness  to  establish.  Wherever  I 
went,  America  was  of  course  a  topic  in  the  conversation. 
Her  efforts  during  the  contest  are  universally  admired  ; 
and  in  the  transactions  which  have  so  gloriously  taken 
place,  there  is  a  large  field  of  enthusiasm  for  the  soldier,  of 
wonder  and  applause  for  the  politician  ,  and  to  the  philos- 
opher and  the  philanthropist,  they  are  a  matter  of  un- 
speakable delight,  and  I  could  say  of  admiration.  Those 
sentiments  I  had  the  pleasure  to  find  generally  diffused. 
But  to  my  great  sorrow,  (and  I  will  the  more  candidly  tell 
it  in  this  letter,  as  it  can  hurt  none  more  than  it  hurts  my- 
self,) I  did  not  find  that  every  remark  equally  turned  to 
the  advantage  of  my  pride,  and  of  that  satisfaction  I  feel 
in  the  admiration  of  the  world,  for  the  United  States. 


440  LA   FAYETTE. 

In  countries  so  far  distant,  under  constitutions  so  foreign 
to  republican  notions,  the  affairs  of  America  cannot  be 
thoroughly  understood,  and  such  inconveniences  as  we 
lament  ourselves  are  greatly  exaggerated  by  her  enemies. 

It  would  require  almost  a  volume  to  relate  how  many 
mistaken  ideas  I  had  the  opportunity  to  set  to  rights.  And 
as  it  has  been  painful  for  me  to  hear,  so  it  is  now  disagreeable 
to  mention  the  bad  effect  which  the  want  of  federal  union, 
and  of  effective  arrangements  for  the  finances  and  com- 
merce of  a  general  establishment  of  militia  have  had  on  the 
minds  of  European  nations.  It  is  foolishly  thought  by 
some,  that  democratical  constitutions,  will  not,  cannot,  last, 
that  the  States  will  quarrel  with  each  other,  that  a  King, 
or  at  least  a  nobility,  are  indispensable  for  the  prosperity 
of  a  nation.  But  I  would  not  attend  to  those  absurdities, 
as  they  are  answered  by  the  smallest  particle  of  unpreju- 
diced common  sense,  and  will,  I  trust,  be  forever  destroyed 
by  the  example  of  America.  But  it  was  impossible  for 
me  to  feel  so  much  unconcerned,  when  those  points  were 
insisted  upon,  for  which  I  could  not  but  acknowledge 
within  myself  there  was  some  gronnd  ;  although  it  was  so 
unfairly  broached  upon  by  the  enemies  of  the  United 
States.  It  is  an  object  with  the  European  governments  to 
check  and  discourage  the  spirit  of  emigration,  which,  I 
hope,  will  increase  among  the  Germans,  with  a  more  per- 
fect knowledge  of  the  situation  of  America.  And  while  I 
was  enjoying  the  admiration  and  respect  of  those  parts  of 
the  world  for  the  character  of  the  United  States  ;  while  I 
was  obliged  to  hear  some  remarks,  which,  although  they 
were  exaggerated,  did  not  seem  to  me  quite  destitute  of  a 
foundation,  I  heartily  addressed  my  prayers  to  heaven 
that  by  her  known  wisdom,  patriotism,  and  liberality  of 


DIPLOMATIC  CORRESPONDENCE.  441 

« 

principles,  as  well  as  firmness  of  conduct,  America  may 
preserve  the  consequence  she  has  so  well  acquired,  and 
continue  to  command  the  admiration  of  the  world. 

What  I  now  have  the  honor  to  write,  is  the  result  of 
conversations  with  the  principal  characters  in  the  countries 
I  have  visited ;  and  particularly  the  Austrian  and  Prussian 
Ministers,  the  Emperor,  Duke  of  Brunswick,  Prince 
Henry,  a  man  equally  great  and  virtuous,  the  Prince 
Royal,  and  the  King  of  Prussia.  With  the  last  I  have 
often  dined  in  the  company  of  the  Duke  of  York,  second 
son  to  his  Britannic  Majesty,  when  American  affairs,  past 
and  present  were  brought  on  the  carpet,  and  sometimes 
in  a  manner  not  a  little  embarrassing  for  an  English  Prince. 
My  stay  at  Vienna  was  short,  but  I  had  a  very  long  con- 
ference with  the  Emperor,  in  which  we  spoke  much  of 
the  American  trade,  and  I  found  he  had  imbibed  British 
prejudices.  The  next  day  Prince  de  Kaunitz  introduced 
the  same  subject  to  me,  and  expressed  some  astonishment, 
that  the  United  States  did  not  make  advances  towards  the 
Emperor.  I  answered  advances  had  been  made  formerly, 
and  more  than  were  necessary  on  the  part  of  America, 
whom  there  was  as  much  occasion  to  court,  as  for  her  to 
seek  for  alliances.  But  that  my  attachment  to  his  Imperial 
Majesty  made  me  wish  he  would  address,  on  that  business 
the  Ministers  of  Congress,  now  at  Paris  and  London, 
through  the  medium  of  his  Ambassadors.  I  added,,  that 
the  best  measure  to,  be  taken  immediately,  was  to  open 
the  Italian  ports  to  American  fish.  But  I  do  not  think  the 
United  States  will  ever  find  a  very  extensive  commercial 
benefit,  in  her  treaties  with  that  Court. 

In  every  thing  that  concerns  France,  my  respected 
friend  Mr.  Jefferson  will  give  you  sufficient  information. 
VOL.  i.— 56 


442  LA    FAYETTE. 

The  affair  of  American  commerce,  wears  a  better  pros- 
pect than  it  has  hitherto  done ;  so  far  at  least,  that  a 
committee  has  been  appointed  to  hear,  what  we  have  to 
say  on  the  trade  between  this  Kingdom  and  the  United 
States. 

The  King  of  Prussia  is  very  unwell,  and  cannot  live 
many  months.  His  nephew  is  an  honest,  firm,  military 
man.  From  the  Emperor's  temper  a  war  could  be 
feared ;  But  our  system  is  so  pacific,  and  it  will  be  so 
difficult  for  England  to  involve  us  in  a  quarrel  without 
acting  a  part,  which  she  has  no  interest  to  do,  that  I  do 
not  think  the  tranquillity  of  Europe  will  be  deranged. 
Holland  is  checking  Stadtholderian  influence,  but  no 
further.  The  King  of  Naples  and  his  father  are  quar- 
relling on  account  of  a  Minister's  leaning  to  the  House  of 
Bourbon,  and  being  devoted  to  other  powers,  whom  the  son 
wants  to  keep.  I  had  lately  an  opportunity  to  know, 
that  the  last  revolt  in  Peru  has  cost  a  hundred  thousand 
lives  ;  but  from  the  same  account  I  find  that  those  peo- 
ple are  far  remote  from  the  ideas  which  lead  to  a  sensi- 
ble revolution. 

I  have  the  honor  to  be,  &c. 

LAFAYETTE. 


FROM    JOHN    JAY    TO    THE    MARQUIS    DE    LA    FAYETTE. 
New  York,  June  16,  1786. 
Sir, 

During  your  absence  from  France,  I  omitted  being  so 
regular  in  my  correspondence,  as  I  should  otherwise  have 
been. 


DIPLOMATIC  CORRESPONDENCE.  443 

I  have  been  honored  with  your  letters  of  the  18th 
April,  and  6th  September  in  the  last  year,  and  with  one 
of  llth  February  last;  they  were  all  communicated  to 
Congress. 

The  account  of  your  German  excursion  is  concise  and 
interesting ;  the  sentiments  and  opinions  respecting  the 
United  States  and  American  affairs,  which  you  found 
there  prevailing,  appear  to  me  very  natural.  Successful 
revolutions  and  victorious  arms,  have  always  a  degree  of 
splendor  about  them,  which  shines  at  a  great  distance, 
and  excites  admiration,  whether  well  or  ill  founded.  Few 
have  been  at  the  pains  of  examining,  and  understanding 
the  merits  of  the  case  between  Britain  and  us,  and  nine- 
tenths  of  thai  few  have  taken  their  sides,  less  from  con- 
viction and  opinion  of  right,  than  from  some  of  the  many 
other  more  common  and  more  stimulating  motives,  which 
usually  govern  the  declarations,  and  conduct  of  the  mass 
of  mankind.  It  is  equally  natural  that  reports  to  our 
disadvantage,  composed  of  such  proportions  of  truth  and 
falsehood,  as  might  render  them  probable  and  palatable, 
should  be  generally  diffused  and  believed.  There  are 
very  few  States,  and  very  few  Ministers  in  them,  who 
think  it  convenient  to  magnify  America,  either  by  word 
or  deed.  Politicians,  like  critics,  are  often  more  dis- 
posed to  censure,  than  to  commend  the  works  of  others, 
and  patriotic  manoeuvres,  pro  bono  publico,  like  pious 
frauds,  pro  salute  animarum,  were  never  uncommon.  As 
there  is,  and  always  was,  and  will  be,  an  actual  though 
involuntary  coalition  between  the  men  of  too  much  art, 
and  the  men  of  too  little;  so  they  who,  either  officially 
or  from  choice,  fabricate  opinions  for  other  people's  use, 
will  always  find  many  to  receive  and  be  influenced  by 


444  LA    FAYETTE. 

them.  Thus  errors  proceeding  from  the  invention  of  de- 
signing men,  are  very  frequently  adopted  and  cherished 
by  others,  who  mistake  them  for  truths.  It  must  be  easy 
for  the  maritime  nations  to  make  the  rest  of  Europe  be- 
lieve almost  what  they  please  of  this  country,  for  some 
years  yet  to  come;  and  I  shall  be  much  mistaken,  if 
Fame  should  soon  do  us  justice,  especially  as  her  trumpet 
is  in  many  places  employed  and  hired  for  other  purposes. 

Whence  it  happens  I  know  not,  but  so  the  fact  is,  that 
I  have  scarcely  met  with  six  foreigners  in  the  course  of 
my  life,  who  really  understood  American  affairs.  The 
cause  of  truth  will  probably  be  little  indebted  to  their 
memoirs  and  representations ;  and  when  I  consider  what 
mistakes  are  committed  by  writers  on  American  subjects, 
I  suspect  the  histories  of  other  countries,  contain  but  very 
imperfect  accounts  of  them. 

I  can  easily  conceive,  that  at  the  German  Courts  you 
visited,  you  have  done  us  service ;  because  I  know  how 
able,  as  well  as  how  willing,  you  are  to  do  it.  I  wish  all 
who  speak  and  write  of  us,  were  equally  well  informed 
and  well  disposed.  It  is  a  common  remark  in  this  coun- 
try, that  wherever  you  go,  you  do  us  good  ;  for  my  part, 
I  give  you  credit,  not  merely  for  doing  us  good,  but  also 
for  doing  it  uniformly,  constantly,  and  upon  system. 

Do  you  recollect  your  letter  of  2nd  March,  1783,  con- 
taining what  passed  between  you  and  Count  de  Florida 
Blanca,  respecting  our  western  limits  ?  I  communicated 
that  part  of  it,  some  months  ago,  to  M.  Gardoqui,  in  op- 
position to  his  pretensions  and  claims.  He  latety  told 
me  you  had  mistaken  the  Count,  for  that  he  never  meant 
to  convey  to  you  any  thing  like  a  dereliction  of  those 
claims ;  which,  by  the  bye,  are  too  extensive  to  be  admit- 


DIPLOMATIC  CORRESPONDENCE.  445 

ted.  In  a  word,  they  do  not  mean  to  be  restricted  to  the 
limits  established  between  Britain  and  us.  Why  should 
people,  who  have  so  much  more  territory  than  they  know 
what  to  do  with,  be  so  solicitous  to  acquire  more? 

The  moneys  due  by  the  United  States  to  subjects  of 
France,  have  given  occasion  to  applications  by  M.  de 
Marbois,  and  to  reports  on  them  by  the  Board  of  Trea- 
sury, which  are  now  under  the  consideration  of  Congress. 
You,  my  dear  sir,  are  not  unacquainted  with  the  state 
of  our  finances,  nor  with  the  difficulties  resulting  from  the 
inefficiency  of  our  Federal  Government.  Time  and 
more  experience,  must  and  will  cure  these  evils ;  when  or 
how  is  less  certain,  and  can  only  be  conjectured. 

I  had  the  honor  last  summer,  of  writing  a  letter  to  the 
Marchioness,  in  answer  to  one  she  was  so  obliging  as  to 
favor  me  with.  Did  it  ever  come  to  hand  ?  Mrs.  Jay 
writes  to  her  by  this  conveyance.  We,  and  many  others, 
are  pleased  with  the  expectation  of  seeing  you  both  here, 
and  with  the  opportunity  we  shall  then  have  of  personal- 
ly assuring  you  of  our  esteem  and  attachment. 
I  am,  dear  sir,  &c. 

JOHN  JAY. 


FROM   THE    MARO.UIS    DE    LA    FAYETTE    TO   JOHN    JAY. 
Paris,  October  28,  1786. 
Sir, 

Owing  to  several  circumstances,  and  particularly  to  a 
journey  I  have  made  through  some  garrison  towns,  your 
favor  of  June  16th  has  reached  me  very  lately.  That 
there  should  remain  die  least  doubt  with  M.  Gardoqui 


446  LA    FAYETTE. 

respecting  the  adoption  of  the  English  limits,  is  a  matter 
of  amazement  to  me.  The  original  letter  having  been 
sent,  I  herewith  enclose  a  copy,  with  a  few  observations. 
I  think  its  presentation  to  M.  Gardoqui,  will  the  better 
convince  him,  as  he  knows  Count  De  Florida  Blanca's 
respect  for  his  own  word  of  honor.  And  may  I  be 
allowed  to  add,  that  the  more  this  letter  is  known,  the 
better  it  will  impress  the  public  with  ideas  favorable  to 
the  Spaniards;  and  the  Spaniards,  with  a  sense  of  en- 
gagements, which  men  of  honor  cannot  trifle  with. 

As  to  the  navigation  of  the  Mississippi,  you  know  better 
than  I,  what  are  the  strong  prejudices  of  that  Court  against 
it.  But  we  both  know  equally  well,  that  in  a  little  time 
we  must  have  the  navigation  one  way  or  other,  which  I 
hope  Spain  may  at  last  understand. 

It  has  been  said  in  some  newspapers,  that  the  Floridas 
should  be  given  up  to  France ;  But  nothing  has  come  to 
our  knowledge,  which  gives  the  least  ground  for  an  idea 
of  that  kind.  As  Mr.  Jefferson  sends  you  a  letter  relative 
to  commerce,  which  improves  the  condition  of  the  treaty 
with  England,  whereby  she  has  no  claims  on  the  favors 
enjoyed  by  the  United  States,  although  she  is  to  be  treated 
like  the  other  most  favored  nations,  and  as  M.  Dumas  is 
writing  on  Dutch  affairs,  I  will  only  beg  leave  to  inform 
you,  that  the  appointment  of  the  convention  has  had 
already  a  good  effect  in  Europe,  and  that  great  benefit 
will  be  derived  on  this  side  on  the  water  also,  from  the 
commercial  and  federal  measures,  which  it  is  my  happi- 
ness to  hear  are  now  under  consideration. 

Although  there  may  be  a  diversity  of  opinions,  whether 
a  peace  must  be  purchased  at  any  rate  from  the  Barbary 
Powers,  or  a  war  must  be  carried  on  against  them  until 


DIPLOMATIC  CORRESPONDENCE.  447 

they  come  to  proper  terms,  there  can  in  no  mind  be  any 
doubt  about  the  advantages  of  a  third  measure,  which  is  a 
confederacy  of  six  or  seven  powers,  each  of  them  giving 
a  small  quota,  and  the  reunion  of  which  would  ensure  a  con- 
stant and  sufficient  number  of  cruisers  against  those  pirates, 
and  after  they  are  brought  to  terms,  would  guard  against 
the  breaking  of  a  peace,  which  the  powers  would  mutually 
guaranty  to  each  other.  Portugal,  Tuscany,  Naples, 
Venice  and  Genoa,  are  now  at  war  with  those  regencies. 
I  would  like  at  the  same  time  to  have  the  armament  so 
managed  as  to  use  American  flour,  fish  and  naval  stores. 
This  plan  is  not  as  yet  very  well  digested  in  my  head,  but 
I  beg  leave  to  submit  to  Congress  the  propriety  of  em- 
powering their  Ministers,  to  stipulate  for  such  an  arrange- 
ment. 

I  have  the  honor  to  be,  fee. 

LAFAYETTE. 

P.  S,  Incase  Congress  have  no  particular  orders  for 
me,  (if  they  had  I  should  be  most  happy  to  wait  on 
them,  either  as  a  soldier  in  their  armies,  or  in  any  other 
manner,)  I  may  perhaps  accept  the  invitation  of  the  Em- 
press of  Russia,  to  be  presented  to  her  next  spring  in  her 
new  dominions  of  the  Crimea,  which  excite  my  curiosity. 
Should  any  thing  turn  out,  that  may  employ  me  as  a  ser- 
vant of  the  United  States,  I  hope  they  know  my  zeal. 


FROM    JOHN    JAY    TO    THE    MARQUIS    DE    LA    FAYETTE. 
New  York,  February  16,  1787. 
Sir, 

Congress  being  again  convened,  I  have  communicated 
to  them,  the  letter  you  did  me  the  honor  to  write  on  the 


448  LA   FAYETTE. 

28th  October  last.  The  paper  it  enclosed  had  been 
laid  before  M.  Gardoqui,  and  made  known  to  his  Court; 
but  it  seems  the  Count  de  Florida  Blanca  does  not  con- 
sider it  in  the  same  point  of  light  that  we  do,  viz  :  as  a 
conclusive  approbation  of,  and  consent  to,  the  limits 
fixed  by  our  treaty  with  Britain.  On  the  contrary,  he 
extends  the  claims  of  Spain,  higher  up  the  river.  That 
and  the  navigation  of  the  river,  present  serious  points  of 
opposition  between  us.  I  think  with  you  that  Spain 
deviates  from  the  line  of  true  policy,  respecting  those 
objects ;  but  in  this,  as  in  other  cases,  it  is  often  more 
easy  to  perceive  errors  than  to  correct  them. 

You  have  heard  long  before  this,  that  the  Convention 
you  allude  to  miscarried.  Another  is  now  in  contem- 
plation, and  some  of  the  States  have  delegated  distin- 
guished characters  to  represent  them  at  it.  Whether 
all  or  how  many  of  the  States  will  adopt  that  measure 
is  uncertain,  the  people  being  divided  in  sentiment, 
respecting  the  expediency  of  it. 

Our  frontiers  yet  enjoy  peace,  but  whether  owing  to 
the  season  of  the  year,  or  the  pacific  disposition  of  the 
Indians,  is  problematical. 

The  insurrection  in  Massachusetts  appears  to  be  sup- 
pressed ;  but  time  only  can  discover  whether  that  sup- 
pression is  radical  or  temporary.  The  public  papers 
herewith  enclosed,  will  give  you  the  details. 

What  plan  or  system  Congress  will  adopt  relative  to 
the  hostile  Barbary  States,  is  not  yet  decided.  The  one 
you  suggest  has  advantages.  The  great  question  I 
think,  is,  whether  we  shall  wage  war,  or  pay  tribute  ?  I, 
for  my  part,  prefer  war,  and  consequently,  am  ready 
for  every  proper  plan  of  uniting  and  multiplying  their 


DIPLOMATIC  CORRESPONDENCE.  449 

Mrs.  Jay  joins  with  me  in  requesting  the  favor  of 
you  to  present  our  compliments,  and  best  wishes  to  the 
Marchioness. 

I  have  the  honor  to  be,  &c. 

JOHN  JAY. 


FROM    THE    MARQUIS    DE    LA    FAYETTE    TO    JOHN    JAY. 

Paris  February  7,  1787. 
Sir, 

This  letter  goes  in  the  first  packet  from  Havre,  a 
change  advantageous  both  to  passengers  and  correspon- 
dents, and  through  the  hands  of  Colonel  Franks,  whose 
good  conduct  at  Morocco  has  entitled  him  to  a  share  of 
that  respect,  which  has  been  deservedly  paid  to  the 
American  Embassy.  Mr.  Barclay's  refusal  of  the  pre- 
sents, has  been  a  matter  of  wonder  to  every  African,  and 
I  dare  say  to  some  Europeans,  whose  accounts  do  full 
justice  to  him. 

To  Mr  Jefferson's  despatches  I  refer  for  useful  intel- 
ligence. The  affairs  of  Holland  do  not  make  a  progress 
towards  conciliation.  It  seems  that  the  King  of  Prussia 
will  not  find  himself  the  better  for  counteracting  in  many 
points,  the  line  of  conduct  of  his  deceased  uncle.  A 
treaty  of  commerce  is  signed  between  France  and  Rus- 
sia. The  Empress  has  set  out  on  her  journey  towards  the 
Crimea.  She  had  permitted  my  waiting  on  her;  but  I 
am  detained  by  the  assembly  of  Notables,  an  event  not 
very  common,  neither  expected,  which  does  honor  to 
the  King  and  his  Ministry,  and  will,  I  tmst,  be  produc- 
tive of  public  good. 
VOL.  i.— 57 


450  LA   FAYETTE. 

I  have  had  the  honor  to  send  copies  of  my  old  cor- 
respondence with  the  Count  de  Florida  Blanca.  The 
enclosed  one  will  supply  any  accident,  that  may  have 
befallen  the  others.  We  are  told  that  the  unhappy  dis- 
turbances in  New  England  have  subsided.  To  us  they  do 
not  appear  so  dangerous  as  to  Europeans  ;  but  sufficiently 
so  to  give  us  a  great  deal  of  concern.  May  all  Ameri- 
cans know  the  blessings  of  their  own  constitutions,  and 
from  comparison  judge,  that  if  they  are  to  correct,  it 
would  be  madness  in  them  to  destroy. 

I  hope  the  convention  at  Philadelphia  will  answer  the 
essential  and  urgent  purposes  of  the  confederation,  com- 
merce, and  the  establishment  of  a  uniform  and  republican 
militia.  Each  State  has  within  itself  the  means  fully  suf- 
ficient to  set  right  the  opinions  of  mistaken  citizens,  and 
those  means  seem  to  me  principally  founded  on  the  good 
sense,  knowledge  and  patriotic  liberality  of  the  people. 
Every  wrong  measure  of  theirs  would  hurt,  not  only  the 
consequence  of  the  United  States;  but  also  the  cause  of 
liberty  in  all  parts  of  the  world. 

With  the  most  sincere  regard  and  attachment,  I  have 
the  honor  to  be,  &tc. 

LAFAYETTE. 


FROM    THE  MARQUIS  DE  LA  FAYETTE  TO  JOHN  JAY. 

Paris,  May  30,  1787. 
Sir, 

Had  I  been  sooner  acquainted  with  Mr.  Forrest's  de- 
parture I  would  have  given  you  more  particular  ac- 
counts of  the  latter  part  of  our  session,  but  have  only 


DIPLOMATIC  CORRESPONDENCE.  451 

time  to  enclose  the  speeches  that  were  made  by  the 
heads  of  the  several  departments.  Not  that  such 
etiquette  speeches  are  in  any  way  interesting  on  the 
other  side  of  the  Atlantic;  but  because  you  will  in  the 
same  book  find  that  of  the  Archbishop  of  Toulouse, 
wherein  he  gives  the  King's  answer  to  the  several  de- 
mands of  the  Bureau.  You  will  see,  that  if  the  mad- 
ness and  corruption  of  the  late  administration  have 
laid  us  under  a  necessity  to  acknowledge  that,  after  all 
other  means  would  be  exhausted,  taxes  must  be  em- 
ployed to  fill  up  the  vacancy,  yet  we  have  gained  not 
a  little  by  the  convocation  of  the  Assembly.  A  more 
equal  repartition  of  taxes,  including  the  clergy,  who 
hitherto  had  escaped  them,  and  the  powerful  ones 
among  the  noblesse,  who  were  not  very  exact;  Provin- 
cial Assemblies  on  an  elective  principle,  which,  by  the 
bye,  are  big  with  happy,  very  happy  consequences, 
that  will  come  to  light  as  we  go  on ;  economy  to  the 
amount  of  forty  millions  at  least ;  the  destruction  of  in- 
terior custom  houses;  a  modification  of  the  Gabelle;*  an 
annual  publication  of  the  account  of  the  finances;  the 
printing  of  all  pensions,  gifts,  &c.;  more  proper  arrange- 
ments within  some  departments  ;  and  a  more  general 
instruction,  habit  of  thinking  on  public  affairs,  &.c.  &tc. 
are  the  good  effects  of  this  assembly,  which,  although 
-it  was  not  national,  since  we  were  not  representatives, 
behaved  with  great  propriety  and  patriotism. 

On  the  last  day  of  our  session,  I  had  the  happiness 
to  carry  two  motions  in  my  Bureau,  which  were,  I  may 
almost  say,  unanimously  agreed  to;  the  one  in  favor  of 
the  Protestant  citizens  of  France,  the  other  for  an  ex- 

•  Imposts. 


452  LA  FAYETTE. 

amination  of  the  laws,  particularly  the  criminal  ones. 
Enclosed  is  the  resolve  framed  by  the  Bureau,  which 
Count  D'Artois,  our  President,  presented  to  the  King, 
and  was  graciously  received.  I  was  the  more  pleased 
with  it,  as  some  step  of  the  kind,  with  respect  to  the 
Protestants,  which  had  been  tried  in  the  Parliament  of 
Paris,  had  not  the  proper  success.  So  far  are  we  from 
religious  freedom,  that  even  in  asking  for  tolerance,  we 
must  measure  our  expressions.  I  was  more  liberally 
supported,  by  a  learned  and  virtuous  prelate,  the  Bishop 
of  Langres,  who  spoke  admirably  on  the  religious  mo- 
tion I  had  introduced.  You  will  see  that  the  Bureau 
clogged  it  with  many  compliments  to  the  Roman  creed, 
to  appease  the  priests  and  devotees. 

I  cannot  express  to  you,  my  dear  sir,  what  my  feel- 
ings have  been,  whenever  the  unpaid  interest  of  the 
American  debt  has  been  spoken  of,  in  the  examination 
of  the  accounts.  May  the  convention  be  the  happy 
epocha  of  federal,  energetic,  patriotic  measures !  May 
the  friends  of  America  rejoice!  May  her  enemies  be 
humbled,  and  her  censors  silenced  at  the  news  of  her 
noble  exertions  in  the  continuance  of  those  principles, 
which  have  placed  her  so  high,  in  the  annals  of  histo- 
ry, and  among  the  nations  of  the  earth. 

The  Archbishop  of  Toulouse  is  the  ablest,  and  one  of 
the  most  honest  men,  that  could  be  put  at  the  head  of 
the  administration.  He  will  be  the  prime  influencer  in 
every  thing,  and  we  may  depend  upon  him,  as  a  man 
equally  enlightened  and  liberal. 

I  beg  you  will  present  my  respectful  compliments, 
and  those  of  Madame  de  la  Fayette  to  Mrs.  Jay.  Re- 
member me  to  General  Knox,  Colonel  Hamilton,  Colo- 


DIPLOMATIC  CORRESPONDENCE.  453 

nel    Wadsworth,  the  Chancellor,  Mr.  Madison,  Doctor 
Cochran,  the  Governor,  hi  a  word,  to  all  friends. 

Please  send  the  enclosed  printed  speeches,  and  copied 
resolves  of  the  Bureau,  to  Mr.  Otto,  who  must  be  very 
desirous  of  getting  them. 

Most  respectfully  and  affectionately  yours, 

LAFAYETTE. 


FROM    THE    MARQUIS    DE  LA  FATETTE    TO    JOHN    JAY. 
Paris,  October  15,  1787. 
Sir, 

The  present  state  of  politics  having  been  laid  before 
Congress,  I  shall  the  less  intrude  on  their  time  with  repe- 
titions, as  the  late  transactions  in  Holland,  have  nothing 
pleasing  to  dwell  upon.  That  the  republican  party  have 
been  disunited  in  many  respects,  and  blinded  in  the  choice 
of  a  General,  that  our  cabinet  have  been  treacherously 
deceived,  are  true,  but  insufficient  apologies.  The  Otto- 
mans, roused  by  England,  will  probably  pay  for  their 
folly  with  one  half  of  their  Empire.  It  now  lies  with  Eng- 
land, whether  a  maritime  war  is  to  break  out,  which  must 
involve  the  continent,  and  connect  France  with  the  two 
Imperial  Courts.  France  is  sincere  hi  her  politics  and 
moderate  in  her  pretensions,  as  it  is  the  ardent  wish  of 
the  King,  Ministers,  and  nation,  to  devote  themselves  to 
internal  improvements.  But  the  affairs  of  Holland, 
those  in  the  east,  the  giddiness  of  the  King  of  Prussia's 
head,  and  British  rancor  for  the  assistance  given  to 
America,  are  causes  of  war,  which,  notwithstanding  the 
disposition  of  the  Ministry,  may,  probably,  be  blown  up 
in  Great  Britain. 


454  LA   FAYETTE. 

It  is  natural  for  a  citizen  and  servant  of  the  United 
States,  to  consider  what  effect  a  maritime  war  would 
have  upon  them  ;  and  I  am  happy  to  find  in  their  indul- 
gence and  long  experienced  confidence,  every  encour- 
agement to  offer  my  opinion. 

A  co-operation  against  a  proud  and  rancorous  enemy, 
would  equally  please  my  politics  as  a  Frenchman,  my 
feelings  as  an  American,  and  my  views  as  an  individual. 
I  was  nine  years  ago  honored  by  the  choice  of  Congress, 
to  command  an  army  into  Canada,  and  never  have  I 
ceased  to  enjoy  the  prospect  of  its  enfranchisement.  A 
successful  war  too,  might  divide  the  fisheries  between 
France  and  America.  But  are  not  the  United  States 
so  circumstanced  for  the  present,  as  to  render  a  war  too 
expensive  for  them,  and  too  dangerous  to  their  com- 
merce ? 

Convinced  as  I  am,  that  it  is  the  case,  I  think  myself 
bound  in  duty,  and  love  for  them,  not  to  indulge  my  am- 
bition further  than  a  neutrality  useful  to  them  and  favor- 
able to  their  allies.  Every  American  harbor  will  offer  a 
shelter  for  the  French  ships,  a  market  for  their  prizes, 
and  all  the  conveniences  of  repair  and  victualling;  all 
which  being  consistent  with  treaties,  gives  no  ground  of 
complaint.  Although  the  trade  is  going  on  between  Eng- 
land and  America,  it  does  not  hinder  the  French  colonies 
from  being  supplied  with  all  their  wants.  Privateering 
itself,  if  under  French  colors,  does  no  harm;  and  so  may 
the  United  States  enrich  themselves  with  a  free  trade  with 
both  nations,  at  the  same  time  that  they  maintain  their 
own  tranquillity  and  help  their  allies.  And  should  they 
be  forced  into  a  war,  I  would  wish  at  least  it  might  be  de- 
layed as  long  as  possible,  and  postponed,  for  obvious 
reasons  to  the  last  campaign. 


DIPLOMATIC  CORRESPONDENCE.  455 

It  is  to  be  confessed,  that  France  might  lay  some  claims 
on  more  decisive  measures,  but  sensible  as  she  is  of  the 
unavoidable  situation  of  affairs  in  America,  I  have  reasons 
to  believe,  she  would  not  hurry  her  into  a  war,  and  will  be 
satisfied  with  such  a  friendly,  helping  neutrality. 

But  I  consider  the  present  time  as  a  proper  one  to  ob- 
tain the  restoration  of  the  forts,  and,  perhaps  the  naviga- 
tion of  the  Mississippi,  two  points,  which  I  confess  I  could 
never  submit  to  the  idea  of  giving  up.  The  one  is 
ours*  by  the  laws  of  nations,  the  other  by  the  laws  of 
nature  ;  and  may  I  be  permitted  to  add,  that  either  con- 
cession would  be  inconsistent  with  the  character  of  the 
United  States. 

Mr.  Jefferson  gives  an  account  of  the  measure  taken, 
respecting  the  commerce  between  this  kingdom  and  Ame- 
rica. I  wish  that  affair  had  been  terminated  in  time  for 
the  departure  of  Count  de  Moustier,  a  gentlemen  whose 
personal  character,  will,  I  trust,  deserve  the  confidence 
and  approbation  of  Congress. 

We  are  anxiously  waiting  for  the  result  of  the  Con- 
vention at  Philadelphia,  as  an  event  which,  being  en- 
grafted in  the  present  dispositions  of  the  people,  will, 
probably,  add  a  lustre  and  a  proper  weight  to  the  affairs 
of  America  in  Europe  ;  and  while  it  ensures  internal 
happiness  and  prosperity,  will  baffle  the  insidious  wishes, 
and  annihilate  the  absurd  reports  of  her  enemies. 

The  next  month  is  the  appointed  time  for  the  session 
of  all  Provincial  Assemblies,  an  establishment,  which 
will  be  productive  of  the  best  consequences. 

•It  must  be  remembered,  that  in  these  letters,  General  Lafayette 
always  speaks  of  himself  as  an  American. 


456  LA   FAYETTE. 

The  liberty  I  have  taken  in  expressing  my  opinion  on 
an  event  not  certain ;  but  not  improbable,  cannot  be  re- 
ferred, I  am  sure,  to  any  principles  of  vanity  or  self- 
sufficiency  ;  but  to  the  gratitude  so  well  grounded,  and 
the  zeal,  which  shall  ever  rank  me  among  the  most  de- 
voted servants  of  the  United  States. 

With  every  sentiment,  &tc. 

LAFAYET.TE. 


FROM    JOHN    JAY    TO    THE    MARQUIS    DE    LA    FAYETTE. 
New  York,  April  26,  1788. 
Sir, 

Since  last  Fall  I  have  enjoyed  so  little  health,  that  it 
has  not  been  in  my  power  to  be  so  punctual  in  my  cor- 
respondence as  I  wished.  I  have  had  the  pleasure  of 
receiving  and  communicating  to  Congress,  your  favor  of 
the  15th  October  last.  The  apprehensions  you  then 
entertained,  have  been  removed  by  the  subsequent  ar- 
rangements between  France  and  Britain.  For  my  part, 
I  wish  they  may  continue  at  peace,  as  well  because  war 
always  brings  distress  upon  great  numbers,  as  because  the 
present  state  of  our  affairs  is  not  accommodated  to  the 
circumstances  and  consequences,  which  such  a  war  would 
produce. 

You  have  doubtless  seen  the  plan  of  Government  re- 
commended by  the  late  Convention  at  Philadelphia.  Six 
States  have  adopted  it.  What  the  others  will  do  is  not 
certain.  It  is  the  subject  of  animated  discussions  among 
the  people.  In  this  State  the  opposition  is  considerable. 
A  few  months  more  will  decide  that  great  question. 


DIPLOMATIC  CORRESPONDENCE.  457 

The  late  commercial  regulations  of  France,  relative  to 
this  country,  are  certainly  very  acceptable ;  but  my  pri- 
vate opinion  is,  that  much  more  is  yet  to  be  done,  before 
the  interests  of  France  and  America  will  be  properly 
provided  for.  I  fear  the  prejudices  and  partial  views  of 
your  people  will  restrain  the  Court  from  going  all  the 
lengths  which  true  policy  seems  to  dictate ;  nor  can  I 
answer  for  opinions  on  this  side  of  the  water.  I  will  tell 
you  very  candidly,  what  I  think  on  the  subject.  It  is 
this :  that  your  people  should  have  all  the  commercial 
privileges  of  American  citizens,  and  our  people  all  the 
commercial  privileges  -of  French  subjects.  I  have  not  at 
present,  health  or  leisure  to  explain  the  reasons  on  which 
this  opinion  rests  ;  nor  is  it  necessary,  for  I  am  persuaded 
that  few  of  them  will  escape  your  observation. 

Mr.  Jefferson's  letters  mention  your  constant  attention, 
and  attachment  to  the  interests  of  this  country,  and  how- 
much  he  and  we  are  indebted  to  your  friendly  aid  and 
exertions. 

With  very  sincere  esteem  and  regard,  I  have  the  hon- 
or to  be,  &c. 

JOHN  JAY. 


VOL.  i.— 58 


CORRESPONDENCE 


THOMAS    BARCLAY. 


FROM  ROBERT  MORRIS  TO  THOMAS  BARCLAY. 

Office  of  Finance,  } 

December  5,  1782.  > 

Sir, 

On  the  28th  May  last,  the  United  States  in  Congress 
assembled,  Resolved  that  a  commissioner  be  appointed  to 
liquidate,  and  finally  settle  the  accounts  of  all  the  servants 
of  the  United  States,  who  have  been  entrusted  with  the 
expenditure  of  public  moneys  in  Europe.  On  the  29th 
of  July  last,  it  was  resolved  that  the  resolution  of  the 
28th  May  be  considered;  and  on  motion  it  was  ordered, 
that  the  said  resolution  be  committed.  On  the  18th  of 
November  last,  on  the  report  of  a  committee  to  whom, 
upon  a  reconsideration,  the  resolution  of  the  28th  May 
last  was  referred ;  it  was  resolved,  that  a  commissioner 
be  appointed  by  Congress,  with  full  power  and  authority 
to  liquidate,  and  finally  to  settle  the  accounts  of  all  the 
servants  of  the  United  States  in  Europe,  and  to  com- 
mence and  prosecute  such  suits,  causes  and  actions,  as  may 
be  necessary  for  that  purpose,  or  for  the  recovery  of  any 
property  of  the  said  United  States,  in  the  hands  of  any  per- 


460  THOMAS    BAUCLAY. 

son  or  persons  whatever.  That  the  said  commissioner  be 
authorized,  to  appoint  one  or  two  clerks,  with  such  allow- 
ance as  he  may  think  reasonable ;  and  that  the  said  com- 
missioner, and  clerks  respectively,  take  an  oath  before 
some  person  duly  authorized  to  administer  an  oath,  faith- 
fully to  execute  the  trust  reposed  in  them  respectively. 
On  the  same  day  you  were  elected  the  commissioner, 
it  was  resolved,  that  Congress  would  hereafter  make  ade- 
quate provision  for  the  said  commissioner,  according  to  the 
nature  and  extent  of  the  services  which  he  shall  perform. 
And  on  the  20th  of  November  last,  it  was  resolved,  that 
the  Superintendent  of  Finance  be  directed  to  instruct 
the  commissioner  for  settling  the  public  accounts  in 
Europe,  to  take  proper  measures  for  adjusting,  without 
delay,  the  accounts  of  M.  de  Beaumarchais  or  Roderique 
Hortales  and  company,  and  to  report  such  settlement  to 
Congress,  that  order  may  be  taken  for  the  payment  of 
the  balance,  if  any  shall  be  justly  due ;  and  that  in  the 
meantime  no  farther  remittances  or  payments  be  made  to 
M.  de  Beaumarchais,  or  Roderique  Hortales  and  compa- 
ny, by  virtue  of  any  former  resolutions  of  Congress. 

Enclosed  herein,  you  will  find  a  commission  authoriz- 
ing you  to  act  in  this  business,  and  I  shall  now  endeavor 
to  give  you  such  explanations  and  directions,  as  may  be 
necessary  for  the  accomplishment  of  it,  consistently  with 
the  views  and  intentions  of  the  United  States  in  Con- 
gress. You  will  undoubtedly  remark,  that  no  sum  is  fix- 
ed upon  as  the  .compensation  for  this  duty,  the  reason  of 
which  is  apparent,  namely :  that  until  the  completion  of 
it,  neither  the  nature  nor  extent  can  perfectly  be  known. 
This  might,  perhaps,  have  induced  a  monthly  or  annual 
stipend  to  any  other  commissioner;  but  as  your  other  duties 


DIPLOMATIC  CORRESPONDENCE.  461 

may,  and  probably  will,  occupy  a  part  of  your  time  and 
attention,  which  must  nevertheless,  be  indeterminate,  so 
it  follows  that  no  points  could  properly  be  assumed,  by 
which  the  reasonable  extent  of  such  a  stipend  could  be 
known.  I  have  every  reason  to  believe,  that  it  is  the 
intention  of  Congress,  to  make  a  generous  allowance  for 
the  performance  of  this  service,  and  I  am  persuaded,  that 
by  attention,  assiduity  and  the  faithful  exertion  of  your 
talents  and  abilities,  you  will  merit  their  regard. 

The  appointment  of  your  clerks,  as  well  as  the  ascer- 
taining their  number  and  reward,  are  left  to  your  discre- 
tion ;  you  will,  on  this  occasion,  consult  the  principles  of 
true  economy,  which  dictate  the  employing  as  many  per- 
sons, as  are  capable  of  performing  the  service,  and  no 
more ;  the  taking  care  that  those  employed  are  capable 
of  performing  the  business  committed  to  them ;  and  the 
obtaining  such  a  number  of  such  persons,  on  the  cheapest 
terms  for  which  they  can  be  procured.  But  the  worst 
economy  in  the  world,  is  to  employ  improper  men.  That 
you  may  be  enabled  to  form  a  judgment  of  the  talents 
necessary  to  a  clerk,  you  will  observe  that  Congress,  in 
their  ordinance  of  the  llth  of  September,  1781,  for  regu- 
lating the  Treasury  and  adjusting  the  public  accounts, 
ordained  and  declared,  that  the  clerks,  the  number  of 
whom  should  be  regulated  by  the  Superintendent  of  Fi- 
nance, should  be  appointed  by  the  Comptroller.  That 
it  should  be  their  duty  respectively,  to  examine  all  ac- 
counts, which  should  be  committed  to  them  by  the  Comp- 
troller, to  correct  all  errors,  and  note  in  writing  what  may 
appear  exceptionable,  either  as  to  the  propriety  of  the 
charges,  or  the  validity  of  the  vouchers,  and  transmit  the 
accounts,  with  his  remarks,  to  the  Auditor.  And  that  the 


462  THOMAS    BARCLAY. 

party  for  himself,  and  the  clerk,  on  behalf  of  the  public, 
should  be  heard  before  the  Auditor.  From  the  nature  of 
the  commission  entrusted  to  you,  it  follows  that  you  must 
both  commit  the  account  to  the  clerk,  and  afterwards 
audit  it,  as  well  as  finally  determine  on  and  adjust  it, 
which  last  is  done  here  by  the  Comptroller,  except  in 
cases  where  the  appointment  of  a  commissioner  has  been 
necessary,  with  authority  similar  to  yours.  It  is  to  be 
apprehended  that  the  accounts  will,  in  many  instances,  be 
exhibited  to  you  informally,  and  as  it  is  not  only  useful  in 
the  first  settling  of  complicated  accounts,  to  adhere  to 
settled  forms,  but  absolutely  necessary  to  the  clear  and 
easy  understanding  of  them  after  they  are  settled ;  so  it 
will  frequently  become  necessary  to  have  the  accounts 
restated,  and  all  the  vouchers  to  them  numbered  by  your 
clerks.  And  although  your  own  care  and  attention  will 
always  be  requisite,  to  detect  and  discover  errors  and 
frauds,  yet  so  much  will  depend  on  the  accuracy  and 
abilities  of  the  clerks  in  these  investigations,  that  I  can- 
not too  strongly  recommend  to  your  attention  the  choice 
of  able  accountants  for  that  purpose. 

With  respect  to  the  accounts  of  M.  de  Beaumarchais, 
much  has  been  said,  and  therefore  I  might  dispense  per- 
haps, with  saying  any  thing,  but  as  I  have  reason  to  be- 
lieve that  whatever  may  be  the  character  of  the  persons 
concerned,  either  for  abilities  or  integrity,  the  business 
which  has  passed  through  their  hands  has  not  been  well 
done.  I  must  desire  that  these  accounts  undergo  your 
strictest  scrutiny.  You  will  probably  find  some  other 
large  accounts  which  merit  alike  attention.  In  every 
such  case,  the  observations  made  here  will  be  equally  ap- 
plicable. You  are  too  "well  acquainted  with  mercantile 


DIPLOMATIC  CORRESPONDENCE.  463 

business  not  to  know  when,  and  how,  and  what  commis- 
sions, are  chargeable  on  a  transaction.  I  believe  that 
knowledge  and  information  on  this  subject  will  be  found 
very  necessary.  They  will  be  indispensable;  should  it 
be  attempted  to  charge  several  commissions  on  the 
same  thing,  whether  it  be  done  openly,  as  such,  or 
covertly,  as  brokerage,  factorage,  and  the  like;  or  still 
more  covertly,  by  an  increase  of  the  original  price. 
Hence,  therefore,  it  will  be  found  necessary  to  con- 
sider the  original  prices,  and  it  is  much  to  be  lament- 
ed, that  samples  of  the  articles  cannot  be  laid  before 
you,  because  many  have  been  received,  of  a  quality 
not  only  base,  but  despicable.  It  is  not  possible  at 
this  distance  of  time  and  place  to  ascertain  by  whom 
such  articles  were  purchased,  and  indeed,  many  of  those 
which  have  been  shipped  have  never  arrived.  Under 
such  circumstances,  it  becomes  your  duty  to  require 
proof  of  the  quality  of  such  articles  as  appear  charged 
to  the  United  States  ;  and  the  idea  will  naturally  suggest 
itself,  that  the  character  of  the  party  making  the  charge 
will  influence  the  necessity  of  such  proof,  just  as  the 
validity  of  the  proof  itself  will  be  influenced  by  the 
character  of  the  witnesses.  Had  these  transactions  been 
merely  confined  to  the  purchase  and  delivery  of  goods, 
they  might,  perhaps,  easily  have  been  investigated;  but 
they  extend  themselves  to  many  other  things,  among 
which  is  the  transportation  and  expenses  incident  to  it. 
Under  this  head  two  objects  present  themselves  imme- 
diately to  view:  first,  whether  due  care  was  taken  in  the 
modes  of  transportation  adopted;  and,  secondly,  whether 
the  expense  has  been  reasonable  or  exorbitant.  With 
respect  to  the  latter,  it  will  certainly  be  your  duty  to 


464  THOMAS    BARCLAY. 

correct  improper  or  exorbitant  charges;  but  in  the 
former  case  your  conduct  must  be  directed  by  circum- 
stances in  their  nature  so  various,  as  to  admit  of  no  pre- 
scribed rule,  and,  therefore,  I  can  only  recommend  it  to 
you  to  consult  the  interests  of  the  United  States,  as  far 
as  the  principles  of  justice  will  permit.  I  know  it  is 
unnecessary  to  tell  you  that  the  delivery  of  goods  pur- 
chased and  transported,  should  be  shewn  before  the 
charges  are  admitted ;  but  I  must  desire  that  the  evi- 
dence on  this  subject  may  be  so  clear  and  plain,  as  to 
enable  us  to  call  the  receivers  of  them  to  account. 
Cases  will  doubtless  occur  of  loss  by  the  accidents  of 
the  sea  and  by  enemies,  these  also  should  be  clearly 
proved,  and  the  causes,  as  much  as  possible,  investi- 


Your  commission  will  entitle  you  to  aid  and  protec- 
tion, in  the  execution  of  the  duties  committed  to  you; 
and  you  will  'make  the  necessary  applications  on  that 
subject  to  the  proper  persons,  whenever  circumstances 
shall  require.  A  primary  object  will  be,  to  discover 
what  sums  have  at  any  time  or  times  been  paid,  to  the 
use  of  the  United  States.  These  can,  I  suppose,  be 
discovered,  and  the  names  of  the  persons  to  whom  they 
have  been  paid;  although  it  is  possible,  that  in  certain 
cases  the  persons  by  whom  they  have  been  paid  will 
not  be  known  to  you.  The  first  account  you  form  will 
be  a  general  one,  under  the  title  of  loans  and  subsidies 
obtained  in  Europe,  on  account  of  the  United  States. 
The  debit  of  this  account  you  may  leave  in  blank;  but 
the  credit  side  will  consist  of  the  sums  paid  to  the  use 
of  the  United  States,  and  the  persons  to  whom  they 
were  paid.  Every  of  these  persons  will  of  course  be 


DIPLOMATIC  CORRESPONDENCE.  465 

debited  in  particular  accounts  for  the  respective  sums  so 
credited.  These  sums  then,  they  are  to  account  for, 
and  'where  they  have  paid  them  over  to  others,  such 
payments  are  again  to  be  accounted  for,  until  they  are 
traced  to  a  final  appropriation,  which  will  be  of  artictes 
purchased  for,  or  services  rendered  to,  the  United  States. 
In  the  course  of  this  investigation,  however,  it  may  hap- 
pen, that  in  some  case  of  payment  by  one  to  another,  the 
receiver  shall  not  account  properly,  on  which  the  ques- 
tion will  arise,  how  far  the  payment  is  to  operate  a  dis- 
charge to  the  party,  by  whom  it  was  made.  This  ques- 
tion admits  of  so  many  modifications,  according  to  the 
varieties  of  possible  circumstances,  that  no  provision  can 
be  made,  which  will  be  applicable  to  all.  I  have,  there- 
fore, thought  it  best  to  enclose,  for  your  perusal  the  in- 
structions on  this  subject  to  the  commissioners  appointed 
for  settling  the  old  accounts  of  the  Civil  Departments. 
You  will  govern  yourself  by  the  spirit  of  these  instruc- 
tions, according  to  circumstances  as  they  arise. 

I  have  already  observed  that  the  final  appropriation 
of  moneys  must  be  traced  to  articles  purchased,  and 
services  rendered;  but  such  a  general  distinction  would 
not  be  sufficiently  clear  in  the  stating  of  accounts ;  you 
will  place  this  final  appropriation,  therefore,  under  one 
or  other  of  these  following  general  heads. 

1st.  Salaries  and  expenses  of  public  Ministers,  Com- 
missioners and  Agents.  In  this  account  you  will  charge 
all  monies  advanced  to  any  public  servants  of  the  Unit- 
ed States,  in  Europe,  on  account  of  their  salaries  or  ex- 
penses. 

2nd.    Clothier   General's   Department.      In  this  ac- 
VOL.  i.— 59 


466  THOMAS    BARCLAY. 

count  you  will  charge  every  article  of  clothing  which 
may  have  been  purchased. 

3rd.  Commissary  of  Military  Stores  Department.  In 
this  account  you  will  charge  all  arms,  ammunition  and 
ttoe  like. 

4th.  Quarter-Master  General's  Department.  In  this 
you  will  charge  tents,  sheet  tin  for  camp  kettles,  and 
other  articles  properly  belonging  to  that  Department. 

5th.  Marine  Department.  In  this  you  will  charge 
all  moneys  expended  in  building,  or  buying  ships  of  war, 
and  fitting  them  out,  with  the  incidental  charges,  also 
naval  stores  purchased  for  the  United  States,  and  the 
like. 

6th.  Hospital  Department.  In  this  you  will  charge  all 
instruments,  medicines,  &tc.  &ic.  appertaining  to  that 
Department. 

7th.  Merchandise  General.  In  this  you  will  charge 
such  articles  of  stores,  as  do  not  fall  within  the  second, 
third,  fourth,  fifth  and  sixth  heads,  if  any  such  there  be; 
and  also  any  articles  which  you  shall  be  doubtful  as  to 
the  account  they  ought  to  be  carried  to. 

8th.  Transport  Service.  In  this  you  will  charge  the 
purchase,' freight,  hire,  insurance  and  the  like,  of  ships 
or  vessels,  for  the  purpose  of  bringing  any  articles  to 
America. 

9th.  Contingent  Service.  In  this  you  will  charge 
the  expense  of  land  transportations,  expresses,  storeage, 
wharfage  and  other  like  articles  ;  also,  all  those  things 
which  do  not  fall  properly  under  some  other  general 
head. 

I Oth.  Prisoners  and  Americans  in  Europe.     In  this 


DIPLOMATIC  CORRESPONDENCE.  4^7 

you  will  charge  all  monies  paid  for,  or  to  American  pri- 
soners, or  other  Americans,  taking  care  so  to  designate 
and  specify  these  charges  and  the  parties,  that  those 
who  are  able  may  be  called  on  for  re-payment.  The 
names  and  usual  places  of  abode,  will,  as  far  as  they  are 
attainable,  be  of  importance. 

llth.  Foreign  Officers.  In  this  you  will  charge  all 
sums  advanced,  or  paid  to  foreign  officers  coming  to,  or 
returning  from  America. 

12th.  Interest  of  Debts.  In  this  you  will  charge  all 
sums  paid  on  the  interest,  bills  of  exchange,  issued  from 
the  several  loan  offices,  and  any  other  interest  moneys 
which  may  have  been  paid. 

13th.  Bills  of  Exchange.  In  this  you  will  charge  all 
sums  paid  on  bills  of  exchange,  drawn  by  order  of  Con- 
gress. 

It  is  not  improbable  that,  in  the  course  of  your  busi- 
ness, you  may  find  it  necessary  to  raise  some  other  such 
general  accounts,  and,  if  so,  you  will  raise  them  accord- 
ingly. You  will  take  care  to  attend  strictly  to  the  pro- 
priety of  all  charges  made,  and  to  the  validity  of  the 
vouchers  by  which  they  are  supported.  You  will  ex- 
amine very  particularly  into  the  accounts  of  armed  ves- 
sels, fitted  out  in  Europe,  on  account  of  the  United 
States,  especially  of  those  wherein  any  individuals  shall 
appear  to  have  been  interested.  And  you  will  bring 
those  persons  to  account  into  whose  hands  any  prizes,  or 
moneys  for  the  sales  of  prizes,  may  have  come,  so  that 
justice  may  be  done  as  well  to  the  public,  as  to  the  cap- 
tors concerned  therein. 

Whenever  you  finally  settle  an  account,  you  will  take 
care  to  be  possessed  of  the  several  vouchers,  which, 


THOMAS    BARCLAY. 


together  with  the  account,  are  to  be  kept  in  your  Con- 
sular office  until  further  orders;  but  you  will  transmit 
quadruplicate  copies  of  the  several  general  accounts,  by 
safe  conveyances,  as  soon  as  possible. 


FROM  THOMAS  BARCLAY    TO  RORERT  MORRIS. 

L'Orient,  February  9,  1783. 
Sir, 

I  had  the  honor  to  address  you  on  the  27th,  since  which 
I  received  your  favor  of  the  5th  December,  covering  a 
commission  from  Congress,  empowering  me  to  examine 
and  settle  all  the  public  accounts  in  Europe.  This  is  a 
very  arduous  undertaking,  and  will  require  a  great  deal 
of  industry  and  attention.  All  I  can  at  present  say,  is 
that  I  shall  endeavor  to  acquit  myself  in  the  best  manner 
my  abilities  will  permit  me,  assuring  you  that  I  shall 
think  myself  very  happy,  if  I  can  be  made  serviceable 
to  my  country.  I  am  perfectly  satisfied  with  the  deter- 
mination of  Congress  respecting  the  payments  intended 
for  my  trouble,  and  I  acknowledge  very  sincerely  the 
great  honor  their  confidence  has  done  me. 

I  shall  pay  due  regard  to  the  plan  you  have  sketched 
out  for  me,  and  I  hope  you  will  occasionally  give  me  such 
hints  and  instructions,  as  you  think  will  strengthen  me  in 
the  pursuit  of  this  great  object.  I  shall  not  detain  you 
at  present,  longer  than  to  tell  you,  I  had  a  letter  a  few 
days  ago  from  Mr.  Grand  at  Paris,  informing  me  the 
ratification  of  the  preliminaries  were  arrived  from  Eng- 
land, and  those  from  Holland  either  on  the  way  or  would 
soon  follow. 

I  have  the  honor  to  be,  &c. 

THOMAS  BARCLAY. 


DIPLOMATIC  CORRESPONDENCE.  469 

FROM    THOMAS    BARCLAY  TO    ROBERT  MORRIS. 

Auteuil,  near  Paris,  July  20,  1733. 
Sir, 

Foreseeing  that,  in  the  course  of  the  settlement  of  the 
public  accounts,  I  should  be  under  the  necessity  of  making 
frequent  application  to  Doctor  Franklin  for  explanation, 
I  have  taken  a  house  near  Passy,  where  I  shall  remain 
for  the  sole  purpose  of  executing  the  commands  of  Con- 
gress. Agreeably  to  the  powers  communicated  to  me, 
I  have  chosen  Mr.  Matthew  Ridley,  a  gentleman  of  un- 
blemished reputation  and  uniform  attachment  to  America, 
to  associate  with  me  in  the  undertaking,  and  we  shall  lose 
no  time  in  proceeding  to  do  every  thing  in  our  power,  to 
answer  the  end  of  our  appointment.  At  present  we  have 
several  of  Mr.  Grand's  accounts  before  lA,  which  must 
serve  as  a  foundation  for  the  settlement  of  all  others,  but 
we  wait  for  his  vouchers,  which  have  been  hitherto  de- 
tained through  the  indisposition  of  a  clerk. 

As  M.  de  Beaumarchais  does  not  choose  to  settle  his 
accounts  in  Europe,  but  has  sent  them  out  for  the  imme- 
diate inspection  of  Congress,  it  will  be  unnecessary  to  say 
much  relating  to  them.  He  has  stated  his  reasons  in  a 
letter  addressed  to  Congress,  which  he  has  shewn  to  me, 
and  I  do  not  recollect  any  thing  in  it  which  I  have  occa- 
sion to  remark,  but  a  misapprehension  of  M.  de  Beau- 
marchais, when  he  says  that  Mr.  Ridley  and  myself  ap- 
proved of  his  appealing  to  Congress,  for  neither  of  us  in 
the  smallest  degree,  directly  or  indirectly,  approved  or 
disapproved  of  the  measure.  Our  business  with  M.  de 
Beaumarchais  was  very  simple,  it  was  either  to  investi- 
gate his  accounts  minutely,  or  to  have  nothing  to  do  with 


470  THOMAS    BARCLAY. 

them.  I  have  read  several  letters  from  Mr.  Deane  to 
him,  copies  of  which,  M.  de  Francy  takes  to  America, 
certified  that  they  were  compared  with  the  originals;  he 
also  takes  a  certificate  that  two  persons,  who  have  wit- 
nessed some  papers  for  M.  de  Beaumarchais,  are  nota- 
ries appointed  by  authority;  but  none  of  these  papers 
will,  in  the  least,  verify  any  of  the  charges  made  in  the 
accounts.  The  principal  inquiries  necessary  to  be  made, 
seem  to  be  the  propriety  of  the  charge  of  insurance, 
which  will  alone  amount  to  a  million  of  livres,  the  rea- 
sonableness of  the  prices  charged  for  each  article,  and 
the  commission  for  transacting  the  business. 

The  settlement  of  the  public  accounts  in  Europe,  will 
be  a  work  of  considerable  time  and  expense,  though  my 
endeavors  to  get  through  them,  as  soon  as  possible,  shall 
not  be  wanting. 

I  have  the  honor  to  be,  &c. 

THOMAS  BARCLAY. 


FROM    MONSIEUR    LE    VAIGNEUR    TO    THE    PRESIDENT    OF 
CONGRESS. 

Translation. 

Sir,  "*^r., 

I  have  the  honor  to  enclose  to  your  Excellency,  a  let- 
ter from  M.  de  Beaumarchais,  which  I  request  you  will 
be  pleased  to  read  and  lay  before  Congress.  M.  de 
Francy  was  at  first  to  have  been  the  bearer  of  it ;  but  a 
consumptive  disorder  under  which  he  has  labored,  for  more 
than  two  years,  has  hindered  him  from  setting  off,  at  the 
very  moment  the  ship  was  going  to  sail,  and  I  had  just 


DIPLOMATIC  CORRESPONDENCE.  471 

time  to  embark  in  his  place,  in  order  to  carry  on,  together 
with  Messieurs  Monbos,  Latil,  and  Co.  of  Baltimore,  the 
affairs  which  had  been  entrusted  to  him. 

We  would  sooner  have  addressed  ourselves  to  your 
Excellency,  if  the  removal  of  Congress  to  Annapolis', 
(which  took  place  about  the  time  of  my  arrival,)  and  the 
multitude  of  public  business,  which  we  supposed  that  they 
had  to  despatch,  had  not  made  us  fear  their  not  being 
able  to  give  their  attention  to  private  concerns.  We 
now  hope  that  that  sovereign  body  will  be  pleased  to 
honor  M.  de  Beaumarchais  with  an  answer,  and  we  take 
the  liberty  of  soliciting  it  in  his  behalf. 

It  would  be  impossible  for  me  to  add  any  thing  to  the 
force  of  his  reasoning  ;  I  shall  only  take  the  liberty  to 
sum  up,  in  a  few  words,  his  present  demands,  in  order  to 
fix,  with  more  precision,  the  two  points,  on  which  the  de- 
termination of  the  honorable  Congress  ought  to  bear. 

1st.  If  M.  de  Beaumarchais  chooses  to  abide  by  the 
settlement  of  his  accounts  made  by  Mr.  Deane,  it  is  not 
that  he  wishes  Congress  to  give  a  blind  assent  to  what 
that  commissioner  has  signed,  nor  does  he  seek  to  elude 
their  minutest  discussion;  he  has  on  the  contrary  annexed 
to  them  those  pieces,  which  may  serve  to  justify  them, 
and  on  which,  even  new  accounts  might  be  established,  if 
the  form  of  the  former  could  be  attained  without  injuring 
M.  de  Beaumarchais'  interests:  but  he  abides  by  the 
accounts  closed  by  Mr.  Deane,  because  they  have  been 
closed  since  the  month  of  April,  1781,  when  there  was 
nothing  to  ascertain  that  that  agent,  who  till  then  had 
been  competent  to  effect  all  the  purchases,  had  ceased  to 
be  so  to  regulate  accounts,  which  he  alone  could  properly 
regulate,  since  he  alone  knew  the  nature  and  could  as- 


472  THOMAS    BARCLAY. 

certain  the  value  of  M.  Beaumarchais'  operations.  From 
that  same  year,  1781,  M.  de  Francy  had  determined  to 
return  to  America,  in  order  to  terminate  the  object  of  his 
commission.  Supposing  then  that  the  unhappy  state  of  his 
health  had  not  been  an  obstacle  to  his  return,  and  that  he 
had  then  presented  himself  there  with  the  accounts  of 
M.  de  Beaumarchais,  closed  by  Mr.  Deane,  it  is  to  be 
believed,  that  Congress  would  not  have  declined  receiving 
them,  although  they  might  have  had  them  examined  and 
verified  afterwards.  It  would  have  been  the  same  thing 
in  1782,  if  M.  de  la  Couche  who  commanded  the  Aigle, 
and  who  had  been  pleased  to  take  charge  of  these  ac- 
counts, had  not  had  the  misfortune  to  lose  his  frigate. 
Thus  Mr.  Barclay's  orders,  which  were  received  and  noti- 
fied only  in  1783,  may  well  extend  to  the  settlement  of 
accounts,  not  yet  regulated;  but  not  to  those  which  have 
been  closed  for  about  two  years  and  would  have  been 
laid  before  Congress  two  years  ago,  but  for  the  un- 
lucky circumstances,  which  have  constantly  prevented  it. 
M.  de  Beaumarchais  has  never  known  any  body  but 
Mr.  Deane,  in  all  the  outfittings  he  has  made  to  the  con- 
tinent of  America;  he  never  treated  but  on  the  faith  of 
that  agent,  and  has  never  been  acquainted  with  any  act 
of  Congress  taking  from  him  the  power  of  settling  the 
accounts  of  those  very  same  outfittings,  which  he  himself 
had  ordered  in  the  name  of  the  United  States.  He  has 
then  the  most  powerful  motives  to  abide  solely  by  the 
account  approved  and  certified  by  Mr.  Deane,  and  begs 
that  the  honorable  the  Congress  of  the  United  States, 
will  please  to  acknowledge  the  same. 

2nd.  Whatever  may  be  the  opinion  and  determination 
of  Congress  upon  this  subject,  it  is  an  incontestible  truth 


DIPLOMATIC  CORRESPONDENCE.  473 

that  the  United  States  are  still  indebted  in  considerable 
sums  to  M.  de  Beaumarchais.  No  remittances  have 
been  made  him  since  the  year  1780,  when  M.  de  Francy 
brought  him  bills  of  exchange,  he  did  not  choose  to  soli- 
cit new  ones  as  long  as  the  war  lasted;  but  now  that 
peace  and  liberty  have  crowned  the  noble  labors  of  the 
Americans,  he  dares  flatter  himself  that  his  claims  will 
be  hearkened  to.  The  presentation  of  his  accounts  has 
already  experienced  long  delays;  new  ones  may  arise  be- 
fore the  balance  which  remains  due  to  him  be  finally  set- 
tled; during  that  interval,  his  necessities  are  encreasing, 
and  his  operations  slackening.  The  ship  Comte  d'Es- 
taing,  which  he  has  sent  to  the  Continent  with  the  sole 
hope  of  obtaining  remittances,  is  obliged  to  return  to  Eu- 
rope in  ballast;  the  want  of  his  funds  may  at  last  throw 
him  into  the  greatest  distress.  M.  de  Beaumarchais  there- 
fore earnesily  requests  Congress,  to  grant  him  a  good  sum 
on  account  of  what  they  owe  him,  until  his  accounts  are 
finally  adjusted  and  determined. 

He  only  demands  a  sum  on  account,  in  order  to  give 
Congress  the  necessary  time  to  discuss  the  remainder; 
and  in  case  Congress  cannot  give  him  ready  money  or 
produce,  he  will  be  satisfied  with  draughts  on  the  Ame- 
rican Ministers  in  France,  similar  to  those  which  he  re- 
ceived in  1780,  part  at  six  and  twelve  months,  part  at 
eighteen  months,  or  even  two  years  sight,  in  order  to  give 
a  greater  facility  to  raise  the  funds  at  the  various  terms. 
This  proposition  is  too  just  and  too  moderate,  not  to  be 
well  received,  and  I  beg  your  Excellency  will  support  it 
with  Congress. 

I  refer  as  to  every  thing  else,  to  the  letter  itself  of 
M.  de  Beaumarchais,  to  which  he  expects  an  answer  by 
VOL.  i.— 60 


474  THOMAS   BARCLAY. 

the  return  of  his  ship  Comte  d'Estaing,  which  will  sail 
in  the  beginning  of  June.  This  answer  must  be  very  easy 
to  give  by  the  above  exposition  of  his  demands,  which 
reduces  them  to  two  principal  objects,  about  which  Con- 
gress are  requested  to  give  an  immediate  determination. 
It  cannot  be  but  a  favorable  one,  considering  the  goodness 
of  the  cause  of  M.  de  Beaumarchais,  and  the  acknow- 
ledged equity  of  the  Areopagus  before  whom  he  sup- 
ports it. 

I  am,  &c. 

LE  VAIGNEUR. 


FROM    MONSIEUR    DE  BEAUMARCHAIS    TO    CONGRESS. 

Translation. 

To  his  Excellency  the  President  and  Honorable  Mem- 
bers of  Congress  of  the  Thirteen  United  States. 

Gentlemen, 

Mr.  Barclay,  your  Consul  General  in  France,  and  his 
respectable  associate  Mr.  Ridley,  have  done  me  the  hon- 
or to  communicate  the  order  and  powers  which  Mr.  Bar- 
clay has  from  you,  for  regulating  all  the  accounts,  which 
may  concern  the  United  States  of  America. 

In  consequence,  they  very  politely  desired  me  to  lay 
before  them  all  my  accounts,  in  order,  they  said,  to  ac- 
celerate my  re-imbursement,  which  thenceforth  would 
not  take  place,  but  after  a  settlement  by  Mr.  Barclay,  of 
all  my  advances  and  receipts,  relative  to  Congress. 

I  gave  for  answer,  to  Messrs.  Barclay  and  Ridley,  that 
all  the  accounts  of  my  advances  to  Congress,  had  been 
discussed,  regulated  and  closed  in  April,  1781,  by  Mr. 


DIPLOMATIC  CORRESPONDENCE.  475 

Silas  Deane,  the  only  one  of  your  agents,  with  whom  I 
treated  in  Europe ;  who,  with  me,  gentlemen,  entered 
into  engagements  in  your  name,  and  who  obtained  from 
me  all  the  advances  I  made  for  Congress. 

I  shewed  Messrs.  Barclay  and  Ridley  the  settlement 
of  Mr.  Silas  Deane,  with  the  vouchers  which  supported 
it.  I  informed  them  that  the  accounts  of  the  sums  re- 
ceived from  Congress  in  cash  and  merchandize,  in  part  of 
my  supplies,  were  the  only  ones  which  had  not  been  set- 
tled, because  they  had  come  to  my  hands  at  different 
times,  and  even  the  greatest  part  after  the  adjustment  by 
Mr.  Silas  Deane.  I  proposed  to  submit  them  to  these 
gentlemen,  and  I  begged,  for  this  part  of  my  accounts, 
that  speedy  settlement,  which  they  had  the  goodness  to 
offer  me  for  the  whole. 

Mr.  Barclay,  gentlemen,  has  been  pleased  to  inform  me 
that,  according  to  the  letter  and  spirit  of  his  commission,  he 
could  not  thus  separate  matters,  and  that  he  must  regulate 
anew  all  my  accounts,  as  if  they  had  not  been  done  by 
another,  otherwise  he  could  take  no  partial  cognizance  of 
any  of  them.  That  he  was  not  instructed  to  acknow- 
ledge any  settlement  made  by  Mr.  Silas  Deane,  unknown 
without  doubt  in  America.  And  without  paying  regard 
to  it,  he  asked,  if  I  was  willing  to  lay  before  him  the 
whole  of  my  accounts  with  the  States,  to  discuss,  regulate, 
and  proceed  to  their  liquidation. 

I  will  most  willingly  submit  to  your  examination,  sir, 
said  I,  the  account  balanced  by  Mr.  Deane,  not  to  take 
from  my  title  the  force  which,  to  his  settlement,  made 
more  than  two  years  ago,  so  justly  belongs;  but  in 
order  that  you  may  make  to  the  Honorable  Congress 
your  observations  on  this  account,  and  its  settlement.  For 


476  THOMAS   BARCLAY. 

this  purpose,  sir,  I  shall  furnish  you  with  all  the  vouchers, 
as  I  wish  for  nothing  more  than  to  make  evident  to  your- 
self the  exactness  and  justice  of  the  arrangement  of  Mr. 
Silas  Deane. 

Then  delivering,  with  perfect  confidence,  to  Mr.  Bar- 
clay, the  original  of  my  account  closed  by  Mr.  Deane,  and 
which  he  kept  as  long  as  he  thought  proper,  I  added : 
My  correspondence  with  Mr.  Deane,  agent  of  Congress, 
sir,  which  I  here  lay  before  you,  along  with  my  general 
account,  will  prove  to  you  that  Mr.  Deane  alone  could 
undertake  the  regulation  of  it;  because  having  accompa- 
nied me  through  every  stage  of  my  operations,  he  alone 
was  able  to  judge  of  the  trouble  and  cares  they  occasion- 
ed to  me — form  a  just  idea  of  the  difficulties  I  had  to 
overcome — and  recollect  the  obstacles  of  every  kind 
which  I  had  to  remove.  Their  reading  will  convince 
you,  that  he  who  saw  me  scattering  gold  profusely  as  I 
went  along,  (the  only  means  I  had  of  rendering  my  way 
practicable,)  was  the  person  who  could  rightly  judge  of 
the  sums  I  have  expended  in  the  service  of  your  country, 
and  consequently  the  only  proper  person  to  regulate  my 
accounts.  They  were  not  the  accounts  of  an  ordinary 
merchant,  to  whom  orders  had  been  sent,  while  his  funds 
were  either  assured  or  remitted  beforehand ;  but  those 
of  the  indefatigable  friend  of  a  virtuous  and  oppressed 
people,  for  whom  he  sacrificed  his  time,  his  health,  his 
own  fortune  and  that  of  his  friends,  with  no  other  securi- 
ty for  returns,  but  the  bare  word  and  powers  of  this  agent 
of  Congress. 

Without  laying  aside  the  politeness  and  regard  which 
Messrs.  Barclay  and  Ridley  have  not  ceased  to  shew  me, 
Mr.  Barclay  observed,  gentlemen,  that  he  did  not  believe 


DIPLOMATIC  CORRESPONDENCE.  477 

that  in  April,  1781,  Mr.  Silas  Deane  was  still  invested 
with  necessary  powers,  for  regulating  an  account  such  as 
mine. 

My  answer,  which  was  quite  plain,  and  which  I  now 
submit  to  you,  gentlemen,  was,  that  before  Mr.  Deane's 
departure  in  1778,  all  my  accounts  were  ready  and  veri- 
fied by  him ;  and  nothing  remained  on  his  part,  but  to 
give  them  his  final  sanction,  make  three  copies,  and  sign 
them  ;  when  he  departed  secretly  to  embark  at  Toulon 
with  the  Count  D'Estaign.  That  upon  his  return  to 
France,  he  came  to  finish  with  me  what  had  been  left 
imperfect,  assuring  me  he  was  sent  back  to  Europe,  for 
the  sole  purpose  of  regulating  all  the  accounts  of  sup- 
plies, with  which  he  had  been  charged  for  America,  and 
particularly  mine  ;  without  having  for  his  country  any 
other  public  employment.  Such  was  my  answer  to  Mr. 
Barclay.  I  also  added,  that  no  act,  letter  or  explanation 
on  the  part  of  Congress,  having  then  come  to  instruct 
me  whether  Mr.  Deane  had,  or  had  not  ceased  to  have 
the  power  of  regulating  affairs,  which  were  entered  upon 
solely  by  himself,  I  had  no  reason  to  refuse  credit  to 
the  continuance  of  his  commission,  and  lay  before  him 
my  accounts,  with  so  much  the  more  security  on  my 
part,  that  in  his  settlement  of  1781,  his  constant  signa- 
ture was  Silas  Deane,  agent  of  Congress  for  the  said 
purchases  and  supplies  in  Europe. 

That  since  this  settlement  was  concluded,  of  which  I 
have  made  exact  and  certified  copies,  and  sent  them  to 
every  person  interested  in  my  affairs  with  America,  all  . 
the  subsequent  payments  and  transactions  which  have 
taken  place  between  us,  have  been  upon  the  footing  of 
that  settlement ;  and,  in  short,  I  had  neither  liberty  or 


478  THOMAS    BARCLAY. 

power  to  submit  it  now,  but  for  the  purpose  of  verifica- 
tion upon  proper  vouchers,  not  to  destroy  or  alter  it,  so 
as  to  affect  the  validity  which  it  receives  from  all  the 
formalities,  which  could  render  it  authentic  and  perfect, 
before  all  the  tribunals  of  Europe. 

Besides,  said  I  to  your  Consul  General,  have  you  the 
power,  sir,  to  allow  me  those  sums  for  which  I  neither 
ought  nor  was  able  to  -procure  a  discharge,  having  thrown 
them  away  by  handfulls,  for  the  service  of  the  United 
States  ?  Have  yon  power,  also,  to  allow  me  the  losses 
which  I  have  been  forced  to  suffer  on  bills  of  exchange, 
absolutely  without  credit  in  Europe,  which  I  was  obliged 
to  negotiate  at  a  heavy  loss,  to  save  myself  from  ruin, 
being  unable  to  wait  a  term  of  three  years,  for  the  pay- 
ment of  advances  made  above  six  years  before.  Mr. 
Deane  could  regulate  the  insurances  at  the  rate  they 
then  were,  because  he  was  witness  to  the  dreadful  unea- 
siness of  all  my  co-partners,  when  they  observed  none  of 
these  remittances  to  arrive,  which  he  had  taught  them  so 
long  to  expect.  He  might,  he  was  even  obliged  to  give 
his  advice  to  Congress,  on  the  commission  suitable  to  be 
paid  me,  because  he  had  observed  the  extraordinary 
labors,  pains  and  disinterested  cares  of  him,  who,  with- 
out previously  making  any  stipulation  for  his  generous 
advances,  consented  to  become  the  factor  of  the  United 
States,  solely  because  it  was  agreeable  to  them. 

Again,  if  differences  should  arise  between  us,  on  the 
subject  in  debate  between  us,  must  we  not  at  last  refer 
them  to  the  determination  of  Congress,  and  will,  what- 
ever is  said  here,  exempt  me  from  sending  my  agent  to 
America,  in  order  to  conclude  with  the  supreme  power, 
upon  the  terms  and  conditions  of  the  payments  to  be 


DIPLOMATIC  CORRESPONDENCE.  479 

made  me  ?  Let  us  then  come  to  a  point,  either  verify 
my  account  which  is  settled  upon  vouchers,  without  de- 
stroying it,  or  agree,  that  I  immediately  send  my  agent 
to  Philadelphia  to  humbly  present  to  the  Congress  my 
equitable  demands,  this  account,  and  all  the  vouchers 
which  justify  it. 

Mr.  Barclay,  gentlemen,  as  well  as  Mr.  Ridley,  struck 
with  the  force  of  my  reasons,  have  concluded  that  I 
should  address  myself  to  Congress  themselves,  and  send  to 
the  Continent,  by  M.  De  Francy  these  accounts,  with 
their  vouchers.  Since,  in  fact,  the  first  question  on 
which  we  were  divided  in  opinion,  (viz.  if  the  settle- 
ment made  by  Mr.  Silas  Deane  in  1781,  was  valid  or 
not,)  could  only  be  decided  by  that  body,  and  then  my 
agent,  M.  De  Francy,  will  lay  before  them,  the  just 
motives  of  the  opposition  by  my  company,  to  the  de- 
struction of  the  only  authentic  title,  which  we  possess  in 
Europe  for  our  debts  upon  America. 

This  point  being  fixed,  I  begged  these  gentlemen  to 
sign  and  certify,  that  the  copies  of  the  papers  in  support 
of  my  accounts  regulated  by  Mr.  Deane,  were  conform- 
able to  the  originals,  which  I  presented  to  them,  and 
wished  to  retain  in  France,  being  afraid  to  expose  them 
to  the  dangers  of  the  sea. 

Messrs.  Barclay  and  Ridley  have  preferred,  even  de- 
sired, that  these  copies  be  certified  by  a  notary  of  Paris, 
and  afterwards  authenticated  by  the  city  magistrates. 
But  we  did  not  foresee,  gentlemen,  that  by  a  system  of 
our  finance  establishment,  the  copies  of  any  accounts 
cannot  be  attested  by  a  notary  public,  without  being  sub- 
ject to  a  particular  duty  called  Droit  du  controle, 
which  is  always  proportionable  to  the  sums  contained  in 


480  THOMAS    BARCLAY. 

the  accounts,  and  this  would  have  cost  me,  above  twenty- 
thousand  livres.  I  resolved  upon  procuring,  from  as 
many  of  those  who  had  supplied  me,  as  I  could  find  in 
Paris,  duplicates  of  their  general  accounts,  and  accounts 
current  with  me.  They  went  before  a  notary  to  certify 
the  truth  of  these  accounts  and  sign  them,  the  instru- 
ment which  attests  them,  well  authenticated,  with  an 
original  duplicate  of  each  account,  will  be  delivered  to 
you  by  M.  De  Francy.  He  will  also  present  you  with 
similar  duplicates  from  those,  who  were  absent  from 
Paris,  also  certified  by  notaries,  or  magistrates  of  the 
places  where  they  reside. 

However,  gentlemen,  I  will  be  permitted  to  enter  serious- 
ly upon  the  principles  of  this  great  affair  before  an  august 
body,  who  are  always  subsisting;  but  often  composed  of 
new  members,  to  whom  the  nature  of  my  demands  and 
the  justice  of  my  complaints,  are  not  sufficiently  known, 
if  I  may  judge  by  the  terms  of  the  resolves  of  Congress, 
20  November,  1782,  which  have  been  shewn  me  by  Mr. 
Barclay,  your  Consul  General. 

These  claims,  gentlemen,  do  not  deviate  from  the  pro- 
found respect  which  I  profess  for  the  honorable  Congress, 
before  whom  I  now  have  the  honor  to  support  them : 
they  are  on  the  contrary  the  strongest  proof  of  the  great 
value,  I  set  upon  the  esteem  and  opinion  of  a  brave  peo- 
ple, for  whose  sake  I  have  sacrificed  my  all,  and  the 
greater  the  disparity  there  is,  between  a  simple  individual 
of  Europe,  and  the  illustrious  nation  whom  you  repre- 
sent, so  much  the  more  the  great  efforts  and  numerous 
toils  of  that  man  to  promote  your  service,  have  a  right 
to  your  esteem,  I  may  add  to  your  gratitude  :  you  can- 
not, I  am  sure,  refuse  a  candid  hearing  to  the  first  Euro- 


DIPLOMATIC  CORRESPONDENCE.  481 

pean,  who  generously  stepped  forth  to  your  assistance. 
Every  citizen  of  the  thirteen  States  was  bound  to  sacri- 
fice to  the  common  cause,  to  his  country,  his  life,  proper- 
ty and  abilities.  But  I,  gentlemen,  a  stranger  to  your 
pretensions,  and  to  your  contest,  born  a  French  citizen, 
enjoying  a  quiet  life  in  my  own  country,  devoted  my- 
self for  yours  :  ought  I  to  have  expected  the  disgrace 
I  have  now  incurred  of  claiming  rights  too  much  forgot- 
ten, and  troubling  you  with  my  sad  complaints  ? 

Call  to  mind,  gentlemen,  those  unhappy  times,  when 
borne  down  by  the  war  and  British  persecution,  you  sent 
secret  emissaries  to  all  the  powers  of  Europe,  that  time, 
when  you  applied  to  the  great  commercial  houses  of  the  dif- 
ferent powers,  without  obtaining  any  succors.  Then  I  alone, 
gentlemen,  the  subject  of  a  monarchy,  and  without  any 
other  incitement  than  my  love  for  the  liberty  of  mankind, 
and  my  respect  for  the  virtuous  efforts,  which  entitled  you 
to  them,  I  had  been  laboring  for  two  years  to  procure  you 
friends  in  Europe,  by  every  means,  which  persuasion  and 
argument  could  furnish. 

A  single  public  paper  was  proper,  to  give  our  nation 
liberal  and  just  notions  of  your  rights,  and  the  wrong  done 
to  you  by  Britain.  This  was  Le  Courier  de  L'Europe. 
It  was  I,  gentlemen,  who  solicited,  who  obtained  its  ad- 
mission into  France  ;  in  which  there  was  great  difficulty. 
It  was  I,  who  composed  the  first  articles,  which  were  there 
read  in  favor  of  your  cause,  and  who  established  the  jus- 
tice of  it,  upon  principles  since  adopted  by  all  sensible 
people  in  Europe. 

It  was  I,  who  found  out  your  friends  and  secret  agents 
in  England,  at  the  risk  of  my  person,  who  promised  them 
my  cares  and  efforts,  with  our  Ministers,  who  in  fact 
VOL.  i.— 61 


48?  THOMAS    BARCLAY. 

returned  to  plead  strongly  for  you  in  France,  and  remind 
those  powerful  persons  (who  knew  it  better  than  myself, 
but  whom  your  situation  and  the  policy  and  youth  of  the 
King  rendered  then  wavering  and  circumspect,)  that  the 
separation  of  England  and  America  was  the  greatest  in- 
terest, which  could  occupy  the  French  Government. 

It  was  I,  who  first  solicited  the  necessary  succors  for 
your  situation,  in  a  memorial,  where  I  strongly  maintained 
the  extent  of  the  rights  of  neutrality,  and  made  applica- 
tion of  my  principles  to  present  circumstances,  and  the 
possibility  of  making  use  of  them,  in,  order  to  assist  you ; 
but  which  could  only  obtain  a  bare  connivance,  and  even 
that  very  limited  and  confined,  for  the  animated  zeal  of 
a  company  of  merchants,  which  I  formed,  whose  mea- 
sures not  only  were  unsupported,  but  their  efforts  punish- 
ed, upon  becoming  in  the  least  public.  See  upon  this 
subject,  gentlemen,  my  correspondence  in  cyphers  with 
one  of  your  private  agents,  Mr.  Arthur  Lee,  then  in 
England,  which  will  be  laid  before  you. 

At  that  very  time,  your  acknowledged  agent,  Mr.  Silas 
Deane,  arrived  in  France ;  but  alone,  without  money, 
without  credit,  or  knowledge  of  any  person,  and  even 
unable  to  speak  French.  I  met  with  him  at  Bordeaux; 
my  regard  for  your  great  undertakings  attached  him  soon 
to  my  person.  He  implored  my  zeal  and  support,  and 
coming  to  Paris  he  disclosed  his  powers  and  embarrass- 
ment. In  vain  did  he  address  himself  to  Ministers;  he 
returned  to  me,  knowing  my  courage  and  frankness,  and 
at  last  began  with  me  to  solicit  a  plan  and  to  carry  on  the 
supplies  which  I  have  repeatedly  made  you,  and  which 
have  been  productive  of  nothing,  but  pain  and  disappoint- 
ment. 


DIPLOMATIC  CORRESPONDENCE.  493 

But  what  bargain,  gentlemen,  do  you  think  that  this 
agent  made  with  me  ?  His  application  to  us  was  by  the 
most  earnest  entreaties,  which  we  considered  as  orders. 
His  promises  were  our  only  security  of  payment,  but  he 
held  out  to  us  the  noble  reward,  of  being  forever  reckon- 
ed among  the  best  friends  of  America,  and  the  tempta- 
tion was  too  strong  to  be  resisted. 

Nobody  then,  gentlemen,  accosted  me  in  your  name, 
without  loading  me  with  encomiums,  even  excessive; 
every  thing  which  could  swell  the  pride,  or  flatter  the 
vanity  of  an  ordinary  man,  was  offered  to  me.  Above 
all,  said  they,  you  will  forever  be  cherished  by  a  virtuous 
people,  as  one  of  the  first  supporters  of  their  liberty.  My 
respect  for  the  cause  which  they  pleaded,  and  which  you 
supported  so  nobly  with  your  arms,  warming  my  heart  and 
mind,  much  more  than  their  discourses.  I  gave  myself  up 
entirely  to  your  service,  and  regarding  nothing  else,  I  be- 
came the  agent,  the  apostle,  and  martyr  of  your  cause 
in  Europe.  Read  my  answer  to  the  English  Manifesto 
of  Gibbons,  in  which  I  was  called  the  instrument  of  the 
perfidy  of  our  Ministers.  But  above  all,  read  attentively 
my  correspondence  with  Mr.  Deane ;  it  will  give  you  an 
idea  of  my  labors,  my  efforts,  my  disappointments,  and 
indefatigable  activity  in  your  service.  It  will  show  what 
a  single  man  could  do  for  you — a  man  who  now  blushes 
to  have  to  justify,  before  your  assembly,  his  conduct  and 
generous  proceedings. 

Surely,  gentlemen,  had  I  been  only  an  ordinary  mer- 
chant, greedy  to  increase  his  substance  from  your  dis- 
tresses, is  there  a  single  advantage,  which  I  could  not  then 
have  exacted  and  demanded  from  you. 

I  could  have  fixed  the  profits  which  my  avidity  would 


484  THOMAS    BARCLAY. 

have  prompted  me  to  impose,  and  would  have  obtained 
them.  Far  from  me  these  vile  motives  and  mercenary 
precautions.  From  a  Frenchman,  that  I  was,  I  became 
an  American  merchant,  a  politician,  and  a  writer.  I  im- 
parted my  warmth  to  honest,  but  timid  minds,  and  form- 
ed a  society,  under  a  name  unknown;  I  gathered  to- 
gether merchandize  and  warlike  stores,  in  all  our  ports, 
always  under  fictitious  names.  Your  agent  was  to  have 
provided  vessels  to  transport  them  to  America,  but  not 
one  could  he  find ;  and  it  was  still  I  who,  with  double 
zeal  and  labor,  succeeded  in  procuring  them  for  him,  at 
Marseilles,  Nantes  and  Havre,  paying,  out  of  my  own 
pocket,  two-thirds  of  the  freight  in  advance,  and  finding 
surety  for  the  remainder. 

The  most  severe  orders  thwarted  every  where  my 
operations.  What  I  could  not  accomplish  in  open  day 
was  executed  in  the  night.  If  Government  caused  my 
vessels  to  be  unloaded  in  one  port,  I  sent  them  secretly 
to  reload  at  a  distance  in  the  road.  Were  they  stopped 
under  their  proper  names,  I  changed  them  immediately, 
or  made  pretended  sales,  and  put  them  anew  under  ficti- 
tious commissions.  Were  obligations  in  writing  exact- 
ed from  the  captains,  to  go  no  where  but  to  the  West 
India  Islands,  powerful  gratifications  on  my  part  made 
them  yield  again  to  my  wishes.  Were  they  sent  to 
prison  on  their  return  for  disobedience,  I  then  doubled 
their  gratifications  to  keep  their  zeal  from  cooling,  and 
consoled  them  with  gold  for  the  rigor  of  our  govern- 
ment. Voyages,  messengers,  agents,  presents,  rewards, 
no  expense  was  spared.  One  lime,  by  reason  of  an  un- 
expected counter  order,  which  stopped  the  departure  of 
one  of  my  vessels,  I  hurried  by  land  to  Havre,  twenty- 


DIPLOMATIC  CORRESPONDENCE.  495 

one  pieces  of  cannon,  which  if  they  had  come  from  Paris 
by  water  would  have  retarded  us  ten  days. 

Thus  I  scattered  money  every  where,  to  surmount  the 
obstacles  which  constantly  came  in  the  way,  and  think- 
ing it  injurious  to  the  nation  which  I  served,  to  doubt  of 
her  gratitude,  being  fraught  with  the  generous  sentiments 
which  actuated  myself,  I  regarded  as  straw  the  money 
I  distributed  for  her,  happy  in  the  power  at  such  a  price 
to  procure  her  speedy  assistance. 

And  when  your  agent,  gentlemen,  admired,  encouraged 
these  sacrifices,  in  boasting  of  the  obligations  his  country 
was  forever  laid  under  to  me,  I  was  far  from  imagining 
that  this  nation,  after  obtaining  her  freedom,  instead  of 
acquitting  herself  towards  me  of  the  engagements  made 
on  her  behalf,  should  send  new  agents  to  sift  minutely 
every  article  of  my  account,  already  regulated,  oblige  me 
after  seven  years  patience  and  suffering,  to  submit  to  the 
injurious  discussion,  to  the  minute  calculation  of  every 
object  of  my  advances,  and  forgetting  my  character  and 
services,  at  last  treat  me  as  a  petty  trader,  who  thinks 
himself  too  happy,  in  receiving  a  commission  and  money 
to  purchase  rags  in  Europe. 

By  what  inconceivable  subversion  of  every  principle, 
gentlemen,  have  I  then  experienced  from  the  time  of  my 
supplies  to  this  day,  nothing  but  ingratitude,  injustice  and 
hardships  in  every  thing  which  relates  to  your  service? 
Not  only  have  the  returns  so  solemnly  promised,  which 
should  have  arrived  in  Europe  within  one  year  at  farthest, 
never  appeared  in  our  ports,  but  when  my  own  ves- 
sels, at  the  expense  of  millions,  have  brought  me  from 
the  continent  trifling  quantities  of  merchandize,  I  must  be 
obliged,  in  order  to  have  them,  to  enter  into  dispute* 


486  THOMAS    BARCLAY. 

with  your  agents  in  Europe,  who  took  possession  of  them 
by  authority,  under  pretence  of  their  necessity.  To  wrest 
them  from  me,  has  it  not  been  scandalously  carried  so 
far,  as  to  go  to  law  with  me,  and  have  I  not  been  forced 
to  betake  myself  to  menaces,  to  complain  to  our  Minis- 
ters, to  France,  to  America,  to  all  Europe. 

If  the  astonishment  of  this  recital  leads  you  to  think, 
gentlemen,  that  I  am  imposing,  see  upon  the  return  of 
the  Amphitrite,  Amelia,  and  Theresa,  my  letter  to  your 
agents  in  France,  the  one  I  wrote  to  the  Count  De 
Vergennes,  the  answer  of  that  wise  Minister,  and  his 
reproaches  for  the  vivacity  of  my  expressions,  although 
he  acknowledged  kindly  all  the  justice  of  my  resentment 
and  complaints. 

The  strongest  and  most  just  anger,  gentlemen,  could 
thus  of  itself  alter  my  disposition  and  style  with  your 
agents,  and  ought,  perhaps,  to  excuse  the  sharpness  of 
it.  But  compare,  gentlemen,  that  pointed  letter  with 
those  I  had  the  honor  to  write  to  yourselves  in  1776, 
full  of  nothing  but  that  ardent  zeal,  which  made  me 
espouse  your  cause.  In  reading  them,  gentlemen,  con- 
ceive if  possible  my  grief  and  amazement,  at  having 
never  received  from  you  any  answer,  and  to  have  been 
three  years  in  searching  for,  without  finding,  a  solution 
of  that  incredible  problem. 

In  truth,  gentlemen,  I  was  ignorant  that  every  one 
seeking  to  draw  to  himself  the  merit  of  what  I  alone 
had  performed,  deceived  you  shamefully  with  regard  to 
me.  According  to  these  intriguers,  I  was  but  an  ob- 
scure fantastic  being,  who  served  as  a  cloak  to  cover 
the  generous  acts,  which  each  of  them  boasted  to  have 
been  the  means  of  obtaining  gratuitously  from  the  King  ; 


DIPLOMATIC  CORRESPONDENCE.  497 

and  while  I  was  undoing  myself  by  loans,  payments, 
interest  and  hazardous  operations,  in  order  to  ward  off 
my  ruin  in  waiting  for  your  returns,  which  never  came  to 
hand  ;  they  thought  it  was  too  much  honor  on  the  con- 
tinent to  make  use  of  my  supplies,  without  being  at  the 
trouble  of  acknowledging  even  their  receipt. 

So  many  outrages,  gentlemen,  your  obstinate  silence, 
the  want  of  returns,  which  Mr.  Deane  excused,  as  he 
was  able  on  account  of  the  unhappiness  of  the  times, 
have  at  last  obliged  me  to  send  you  an  agent,  to  whom 
I  have  promised  the  commission  of  two  and  a  half  per 
cent  on  all  my  payments,  which  is  placed  to  your  ac- 
count. This  is  M.  De  Francy  who  has  again  the  honor 
to  lay  before  you  my  claims. 

By  him  I  have  been  informed  of  the  horrible,  un- 
worthy, and  miserable  conduct  of  all  those,  who  wanted 
to  prejudice  you  against  me. 

It  is  to  his  care  I  owe  the  tardy  acknowledgement 
which  you  at  length  made  of  my  debt,  and  the  bills  of 
exchange  which  you  sent  me  in  1779,  payable  at  three 
years  date,  for  what  had  been  advanced  above  six  years, 
and  should  have  been  paid  in  six  months. 

Finally,  it  was  with  him  that  in  1781,  my  accounts 
were  regulated  by  Mr.  Silas  Deane,  and  was  interpreter 
for  him  in  1776,  when  we  did  not  speak  the  same  lan- 
guage. 

I  send  him  now,  gentlemen,  to  present  you  with  this 
letter,  to  call  upon  your  justice,  to  lay  before  you  my 
accounts  of  every  kind  in  your  affairs,  to  obtain  the  liqui- 
dation, and  to  receive  payment.  I  expect  from  you,  gen- 
tlemen, honorable  treatment,  and  such  as  my  zeal  and 
conduct  towards  you  have  given  me  a  right  to  depend 


488  THOMAS    BARCLAY. 

upon;  and  as  the  acquittance  of  a  debt  of  honor  is  no 
reward  for  such  services  as  mine,  when  you  have  done 
me  this  justice,  I  demand  from  you,  gentlemen,  public 
marks  of  your  esteem.  Let  them  be  the  noble  recom- 
pense of  my  exertions  for  you  in  Europe,  where  I  have 
not  ceased,  for  eight  years,  to  solicit  our  Ministers,  by 
repeated  memorials,  on  the  political  and  commercial  in- 
terests of  your  new  republic.  These  wise  Ministers  are 
still  existing  to  bear  me  an  exalted  testimony.  They 
have  been  more  than  once  astonished  at  the  constant 
activity  of  my  zeal,  for  they  were  not  ignorant  of  the 
heavy  subjects  of  complaint,  which  I  had  to  make 
against  those,  whom  I  served  so  warmly.  Give  me  then, 
gentlemen,  my  due,  and  distinguishing  the  zealous  friend 
who  relieved  your  necessities,  from  those  whom  your 
misfortunes  have  enriched,  do  not  lengthen  out  my  suf- 
ferings by  referring  to  other  judges  a  settlement,  which 
I  will  not  receive  but  from  yourselves. 

If  I  should  have  the  misfortune  not  to  obtain  that  hon- 
orable justice,  in  return  for  so  many  proofs  of  attachment; 
stung  with  vexation,  and  mortally  wounded,  what  then 
remains  for  me  to  do.  Must  I,  gentlemen,  shaking  the 
dust  off  my  feet,  upon  all  my  American  connexions,  de- 
mand justice  at  the  bar  of  Europe,  by  publishing  what  I 
have  done,  advanced,  suffered,  and  kept  secret  to  this 
moment,  for  the  support  of  your  cause  and  maintenance 
of  your  honor. 

You  will  not  reduce  me,  gentlemen,  to  that  horrible  ex- 
tremity. My  heart,  my  conduct,  and  your  equity,  assure 
me  of  it. 

Ye  Representatives  of  a  noble  and  free  nation,  rivals 
of  the  most  haughty  sovereigns,  the  friends  and  the  allies 


DIPLOMATIC  CORRESPONDENCE.  4Q9 

•A  ^i 

of  my  King,  you  are  sensible  that  it  is  just,  honorable 

and  without  danger  to  your  glory,  to  recollect  that  an 
individual  of  Europe  has  had  the  courage  to  espouse  your 
interests,  when  every  one  disdained  them  ;  and  that  he 
dared  to  send  you,  at  the  risk  of  his  health,  of  his  for- 
tune, and  of  his  life,  the  first  generous  succors,  you  re- 
ceived from  our  continent. 

I  am,  with  the  most  profound  respect,  gentlemen,  your 
very  humble  and  very  obedient  servant. 

CARON  DE  BEAUMARCHAIS. 
Formerly  known  in  America  as  the  firm  of 
Roderique  Hortales  &  Co. 


FROM  THOMAS  BARCLAY  TO  ROBERT   R.  LIVINGSTON. 
Auteuil,  near  Passy,  September  14,  1783. 
Sir, 

To  the  copy  of  what  I  had  the  honor  of  writing  to 
you  the  20th  July,  which  accompanies  this  letter,  I  beg 
leave  to  inform  you  that  the  Marquis  de  la  Fayette,  who 
is  now  in  Lorrain,  thought  proper,  sometime  ago,  to  con- 
sult me  on  the  .propriety  of  his  immediately  embarking 
for  America.  He  seemed  much  at  loss  upon  the  sub- 
ject, as  on  the  one  hand  he  supposed  that  his  presence, 
with  the  army,  might  be  of  some  service ;  and  on  the 
other,  that  he  might  be  very  useful  here,  as  the  Court  of 
France  seems  determined  on  adopting  some  commercial 
regulations,  respecting  the  trade  to  be  carried  on  between 
the  United  States  and  their  West  India  colonies.  Upon 
considering  the  matter,  I  did  not  hesitate  to  give  the 
Marquis  my  opinion  that  it  would  be  best  for  him  to  re- 
VOL.  i.— 62 


490  THOMAS    BARCLAY. 

main  in  France,  either  until  he  received  the  commands 
of  Congress  to  return,  or  until  the  necessity  of  his  going 
to  America  would  be  more  apparent.  He  seems  to  have 
adopted  this  opinion,  for  he  not  only  requested  that  I 
would  communicate  what  passed  to  Congress,  but  has 
written  to  me  from  Nancy,  to  put  me  in  mind  of  it ;  and 
therefore,  his  desire  that  I  would  do  it,  will  be  my  apolo- 
gy for  troubling  you  about  the  matter.  The  Marshal  de 
Castries  has  been  so  obliging  as  to  converse  with  a  few 
Americans  on  the  subject  of  the  intended  regulations. 
The  hints  which  he  let  fall,  came  very  short  of  my  wishes, 
and  therefore  I  shall  endeavor,  before  any  thing  is  done, 
to  procure  a  consultation  between  him  and  the  American 
Ministers  at  this  Court.  He  proposes  seeing  me  sometime 
hence  upon  this  business,  when  I  shall  refer  him  finally, 
to  Mr.  Franklin,  Mr.  Adams  and  Mr.  Jay,  to  whom  I 
will  communicate  my  sentiments  in  the  meantime.  I  be- 
lieve it  is  intended  to  make  L'Orient  a  free  port,  but  I 
know  nothing  officially  about  it.  My  next  will  give  you 
some  particular  information  ;  meantime  I  have  the  honor 
to  be,  sir,  &c. 

THOMAS  BARCLAY. 


FROM     THOMAS     BARCLAY     TO     THE      PRESIDENT    OF    CON- 
GRESS. 

L'Orient,  September  17,  1784, 
Sir, 

I  have  the  honor  to  inform  your  Excellency  that  an  ex- 
press arrived  here  yesterday  from  Paris  with  letters  from 
the  agents  who  were  employed  to  adjust  the  privile- 


DIPLOMATIC  CORRESPONDENCE.  491 

ges  and  immunities  of  this  place,  with  information  that 
his  Majesty's  arrtt  of  the  14th  May  last  would  be  re- 
newed in  every  particular,  except  that  the  manufacturing 
of  tobacco  will  not  be  permitted.  In  this  case  the  Port 
and  town  will  be  equally  free,  and  the  new  nrret  is  ex- 
pected in  a  few  days. 

Some  months  ago,  Lieutenant  Colonel  Franks  arrived 
in  France,  with  very  strong  recommendations  from  several 
of  the  most  respectable  merchants  of  Philadelphia,  and 
from  Mr.  Livingston,  the  late  Secretary  for  Foreign  Af- 
fairs. His  object  was  the  Vice  Consulship  of  Mar- 
seilles ;  but  the  office  was  filled  by  Mr.  Etienne  Catha- 
lan  of  that  place,  who  is  a  gentleman  of  character  and 
ability;  I  declined  making  any  alteration,  though  Colonel 
Franks  informed  me,  that  Congress  were  making  such 
regulations  in  the  consular  department  as  would  not  ad- 
mit that  office  being  filled  by  any  other  than  a  citizen  of 
the  United  States.  A  copy  of  these  regulations  having 
been  transmitted  to  me  by  his  Excellency  Doctor  Frank- 
lin, and  Mr  Franks  having  renewed  his  application,  I  do 
not  think  myself  at  liberty  longer  to  decline  it,  and 
therefore 'I  shall  give  him  a  commission  for  the  execu- 
tion of  the  office.  I  have  thought  it  proper  to  apprise 
you  of  this  appointment,  and  remain  with  the  greatest 
respect,  &c. 

THOMAS  BARCLAY. 


492  THOMAS    BARCLAY. 


FROM  ROBERT    MORRIS  TO  THE  PRESIDENT  OF  CONGRESS. 

Office  of  Finance,      > 
March  8,  1784.  $ 

Sir, 

I  do  myself  the  honor  to  enclose  to  your  Excellency, 
for  the  inspection  of  the  United  States,  in  Congress,  the 
copy  of  a  letter  of  the  23rd  of  last  October,  from  Tho- 
mas Barclay,  Esq.  which  did  not  come  to  hand  until  this 
morning. 

With  proper  respect,  See. 

ROBERT  MORRIS. 


FROM    THOMAS    BARCLAY    TO    ROBERT    MORRIS. 

L'Orient,  October  23,  1783. 
Sir, 

Enclosed  is  the  account  of  the  sales  of  the  ship  Due 
de  Lauzun,  balanced  by  the  payment  being  remitted  to 
Mr.  Grand,  on  account  of  the  United  States,  forty  thou- 
sand two  hundred  and  fifty  eight  livres.  This  sale 
would  have  been  made  long  ago,  but  I  was  obliged  to 
postpone  it  twice,  from  the  bad  prospect  of  selling  her.  I 
was  once  in  hopes  that  Government  would  have  purchased 
her  for  a  packet-boat;  but  the  Mareschal  de  Castries,  to 
whom  I  offered  her,  declined  it.  Mr.  Ridley  and  myself 
have  been  for  sometime  at  work  on  the  public  accounts, 
and  will  continue  our  best  endeavors  to  arrange  them. 
They  are  mixed  and  perplexed  a  good  deal,  much  inquiry 
and  explanation  is  necessary,  and  the  work  will  be  tedious. 
I  do  not  expect  to  be  able  to  exhibit  any  thing  satisfac- 
tory for  a  considerable  time ;  and  if  I  can,  by  the  month 


DIPLOMATIC   CORRESPONDENCE.  493 

of  October  next,  make  a  tolerable  settlement,  I  shall 
think  myself  happy. 

Give  me  leave  just  to  take  notice  of  two  accounts, 
•which  are  in  a  state  of  suspense,  and  concerning  which, 
applications  probably  have  been  made  to  Congress.  The  * 
one  is  that  claimed  by  Messrs.  Schweighauser  &  Dobre, 
of  Nantz,  for  supplies  furnished  the  Alliance;  there  is  no 
doubt  but  the  ship  received  all  the  articles  charged, 
for  I  have  examined  the  vouchers;  but  the  Court  of 
France  had  taken  upon  itself  the  outfit  at  that  time; 
Doctor  Franklin  had  absolutely  prohibited  Mr.  Schweig- 
hauser from  furnishing  any  thing ;  Mr.  Schweighauser 
confirmed  these  orders  from  Nantz  to  his  house  of  Puch- 
elberg  &t  Co.  here,  who,  contrary  to  the  instructions  of 
their  principal,  fitted  out  the  Alliance,  and  continue  to 
claim  from  the  United  States  an  expense  which,  if  they 
had  not  forced  their  services,  would  have  been  furnished 
by  the  Court  of  France,  agreeably  to  the  arrangement  of 
Mr.  de  Sartine  the  Marine  Minister.  There  are,  how- 
ever, a  few  articles  that  ought  to  be  paid  for,  which  I 
have  offered  to  settle  with  Mr.  Dobre,  Mr.  Schweig- 
hauser being  dead.  For  this  demand,  the  public  stores 
in  the  arsenal  at  Nantz  are  under  attachment ;  and  were 
so  several  months  without  my  knowing  it ;  when  I  took 
some  arrangements  for  the  transporting  a  part  to  America, 
and  was  refused  them.  I  believe,  however,  that  this  at- 
tachment will  be  taken  off  by  the  time  I  return  to  Nantz,  as 
I  am  informed  that  the  Mareschal  de  Castries  has  written 
to  this  place  on  the  subject,  and  has  recommended  the 
removal  of  it.  The  other  account  which  I  allude  to,  is 
that  of  Messrs.  John  de  Neufville  &  Son,  of  Amster- 
dam. When  I  was  at  that  place,  those  gentlemen  pro- 
duced an  account,  on  which  they  claimed  a  considerable 


494  THOMAS   BARCLAY. 

balance  from  the  United  States.  At  that  time  I  had  no 
commands  from  Congress  to  liquidate  any  of  the  public 
accounts;  but  with  the  concurrence  of  Messrs,  de  Neuf- 
ville,  I  wrote  to  Doctor  Franklin,  recommending  it  to 
him  to  permit  me  finally  to  settle  this  one  by  an  arbitra- 
tion of  two  or  more  persons,  to  be  indifferently  chosen  at 
Amsterdam,  to  which  Mr.  Franklin  readily  consented. 
I  remained  at  Amsterdam  on  purpose  for  this  answer,  but 
when  it  came  Messrs,  de  Neufvilles,  altered  their  minds 
and  refused  to  submit  the  matter  to  any  persons.  I  write 
the  fact  simply  without  any  observations;  but  I  thought 
the  accounts  merited  an  investigation.  And  my  only 
motive  for  now  giving  you  the  trouble  of  these  particu- 
lars, is  to  show  you  that  there  were  no  obstructions  thrown 
in  the  way,  by  the  servants  of  Congress,  to  a  settlement 
in  Holland. 

The  Underwriters  on  the  Elizabeth,  have  an  action  de- 
pending in  England,  and  insist  on  my  waiting  the  deter- 
mination. I  expect  a  suit  at  law  with  them. 

Mr.  Franklin  is  making  out  a  copy  of  his  bill  book — 
Mr.  Jay  has  written  to  Madrid  concerning  his — and  Mr. 
Adams  has  furnished  his;  in  which,  from  an  inspection  I 
have  made,  there  appears  one  bill  to  have  been  twice 
paid.  I  shall  give  you  a  more  particular  statement  when  I 
have  been  enabled  to  compare  the  bills,  which  are  in  the 
hands  of  Fizeaux  Grand  &  Co.  of  Amsterdam,  with  the 
account.  The  Polacre  Caprice,  Joachim  la  Douarin, 
master,  from  Rochfort  to  Philadelphia,  with  the  remain- 
der of  the  public  stores  that  lay  there,  will  proceed  as 
soon  as  possible,  and  the  bills  of  lading  will  be  forwarded 
you  from  thence  by  Mr.  Zachariah  Loreilhe. 
I  have  the  honor  to  be,  &c. 

THOS.  BARCLAY. 

* 


DIPLOMATIC  CORRESPONDENCE.  495 

FROM    THOMAS     BARCLAY     TO    THE      PRESIDENT    OF    CON- 
GRESS. 

L'Orient',  November  15,  1784. 

Sir, 

I  have  the  honor  to  enclose  you  two  letters,  one  of 
which  was  sent  to  my  care  by  Mr.  Adams,  the  other 
from  Mr.  Dumas  at  the  Hague,  together  with  one  ad- 
dressed to  Mr.  Van  Berckel. 

You  will  doubtless  have  information  in  these  letters, 
that  the  Emperor  is  marching  forty-five  thousand  troops 
to  the  Low  Countries,  and  that  the  Imperial  and 
Dutch  Ministers  are  withdrawn,  from  the  Courts  of  each 
other.  This  seems  to  be  the  only  news  at  present  of  any 
consequence.  The  town  and  port  of  L'Orient  are  now 
free  to  the  vessels  of  every  nation,  and  open  for  the  re- 
ception and  sale  of  any  article  of  commerce,  save  manu- 
factured tobacco  and  the  private  trade  from  India,  the  last 
continuing  under  the  late  prohibition. 

I  beg  leave  to  assure  you,  that  I  am  with  great  re- 
spect, &c. 

THOMAS   BARCLAY. 


FROM    JOHN    JAY    TO    THOMAS    BARCLAY. 

Office  for  Foreign  Affairs,      ) 
April  15,  1785.  $ 

Sir, 

I  have  the  honor  of  sending  you  herewith  enclosed, 
four  copies  of  "  a  statement  of  the  duties  payable  by 
vessels  of  the  United  States  of  America  in  the  ports  of 


496  THOMAS    BARCLAY. 

Marseilles,  Bayonne,  L'Orient  and  Dunkirk."  I  think 
it  would  be  well  to*  inform  yourself  and  me,  whether 
Spain  pays  exactly  the  same  duties. 

I  also,  send  by  this  opportunity,  a  copy  of  it  to  Mr. 
Jefferson,  whom  Congress  has  been  pleased  to  appoint 
their  Minister  Plenipotentiary  at  the  Court  of  Versailles, 
in  the  room  of  Doctor  Franklin,  who,  at  his  request,  has 
leave  to  return. 

The  Treasury  Department  is  again  organized.  Mr. 
Osgood  and  Mr.  Walter  Livingston,  two  of  the  Com- 
missioners lately  appointed,  having  accepted  and  pro- 
ceeded to  do  business.  Mr.  Gervais,  of  South  Carolina, 
who  had  also  been  appointed,  declining  to  serve,  others 
have  been  put  in  nomination,  and  a  third  Commissioner 
will  soon  be  elected. 

I  shall  be  happy  to  receive  from  you,  such  informa- 
tion from  time  to  time,  as  you  may  think  useful  or  inte- 
resting. Be  pleased  to  make  my  compliments  to  Mrs. 
Barclay,  and  believe  me  to  be, 

Dear  Sir,  with  great  esteem,  &c. 

JOHN  JAY. 


FROM    THOMAS    BARCLAY    TO    JOHN    JAY. 

L'Orient,  April  17, 1785. 
Sir, 

I  must   entreat   the   favor  of  you   to   lay  a  request, 

which  I  make  through  you,  before  Congress ;  and  beg 

you  will  favor  me  with  an  answer  as  soon  as  convenient. 

It  is  for  permission  to  return  to  America,  where  the 

state  of  my  private  affairs  very  much  requires  my  pre- 


DIPLOMATIC  CORRESPONDENCE.  497 

sence  for  a  short  time,  and  where  I  may,  personally,  be 
able  to  communicate  the  particulars  of  those  transac- 
tions that  have  passed  through  my  hands,  since  I  had  the 
honor  of  being  a  servant  of  the  public.  Added  to  these 
considerations,  there  are  some  arrangements  necessary  to 
be  made  in  the  consular  department,  and  it  would  be  a 
favorable  opportunity  for  me  to  take  the  commands  of 
Congress  on  that  subject. 

I  have  the  honor  to  be,  &c. 

THOMAS  BARCLAY. 


FROM    JOHN    JAY    TO    THOMAS    BARCLAY. 

Office  for  Foreign  Affairs,      3 
July  15,  1785.5 

Sir, 

I  have  now  the  pleasure  of  enclosing  a  copy  of  an 
act  of  Congress,  granting  you  the  permission  requested 
in  your  letter  of  the  17th  April  last,  to  return  to  this 
country  in  the  fall,  and  pass  the  winter  in  it.  This  letter 
will  be  accompanied  by  a  packet  of  newspapers,  which 
will  inform  you  of  the  most  recent  occurrences  here. 
Governor  Rutledge  is  appointed  Minister  to  the  Hague, 
and  we  hope  it  will  be  agreeable  to  him  to  accept  that 
place ;  but  his  answer  has  not  yet  reached  us.  As  yet, 
we  have  no  advices  of  Mr.  Adams'  being  in  London, 
though  we  have  reason  to  think  that  he  must  have  gone 
there  long  before  this  time.  Doctor  Franklin  is  pro- 
bably on  his  way  here  ;  if  not,  be  pleased  to  inform  me 

VOL.  i.— 63 


498  THOMAS    BARCLAY. 

of  it,  by  the  next  packet,  for  I  omit  writing  to  him,  only 
from  an  apprehension  that  my  letters  would  arrive  in  his 
absence. 

I  am,  &c. 

JOHN  JAY. 


FROM    THOMAS    BARCLAY    TO    JOHN    JAY. 

Paris,  August  7,  1785. 
Sir, 

Having  just  heard  of  a  ship  bound  from  Amsterdam 
to  America,  I  take  the  chance  of  reaching  her  by  this 
post,  to  inform  you  that  I  have  received  a  letter  from 
Bordeaux,  with  advices  that  the  Algerines  have  declared 
war  with  the  United  States,  and  are  fitting  out  several 
vessels  to  cruise  against  them.  I  have  this  matter  con- 
firmed from  L'Orient,  and  therefore,  though  possibly  it 
may  not  prove  true,  I  think  it  my  duty  to  mention  it  to 
you,  submitting  to  your  judgment,  what  use  you  will 
make  of  the  report,  or  whether,  it  will  be  proper  to 
mention  it  at  all,  until  it  is  confirmed,  or  contradicted; 
which  shall  be,  as  soon  as  I  get  any  further  information. 
I  would  forward  you  the  original  intelligence,  but  I  sent 
it  to  Mr.  Jefferson,  and  cannot  recover  it  in  time  for  the 
post  in  Holland. 

A  few  days  ago,  I  received  your  letter,  with  the  en- 
closures relative  to  the  expenses  of  the  free  ports  ;  and 
will  send  you  the  papers  you  want,  as  soon  as  they  can 
be  completed. 

I  remain,  &c. 

THOMAS  BARCLAY. 


DIPLOMATIC    CORRESPONDENCE.  499 

FROM  MR.   FOULANGE  TO    THE    DIRECTORS    OF    COMMERCE 
OF    THE    PROVINCE    OF    GUYENNE. 

Translation. 

Toulon,  July  14,  1785. 
Gentlemen, 

Mr.  de  Ligondes,  who  has  just  arrived  from  Algiers, 
on  board  of  the  frigate  Minerva,  of  which  he  is  command- 
er, informs  me  that  that  regency  was  arming  eight  vessels 
(xebecks  and  barques)  of  from  eighteen  to  thirty-four 
guns,  destined  to  cruise  from  Cape  St.  Vincent  to  the 
Azores,  for  the  purpose  of  capturing  vessels  of  the  United 
States,  against  whom  they  have  declared  war.  I  hasten, 
gentlemen,  to  give  you  notice  of  this,  not  only  on  account 
of  the  interest  which  your  place  may  have,  in  those  ves- 
sels, but  also  that  you  will  have  the  goodness  to  make  it 
known  to  the  American  captains.  The  Algerines  have 
another  division  of  four  vessels,  but  they  are  too  small  to 
cause  uneasiness. 

I  have  the  honor,  &c. 


Office  for  Foreign  Affairs,     ? 


FROM  JOHN  JAY  TO  THOMAS  BARCLAY. 

oreign  Afi 
August  3,  1785 


Sir, 

In  my  letter  to  you  of  the  15th  ultimo,  by  the  French 
packet,  I  had  the  pleasure  of  enclosing  the  copy  of  an  act 
of  Congress,  (of  which  I  now  send  a  duplicate,)  permit- 
ting you  to  come  here  in  the  Fall,  and  return  early  in  the 
Spring. 


500  THOMAS    BARCLAY. 

I  have  now  the  honor  of  transmitting  to  you  herewith 
enclosed,  a  copy  of  another  act  of  Congress  of  the  18th 
ultimo,  calling  for  an  abstract  of  the  settlement  you  have 
made  of  the  accounts  of  the  United  States,  and  others, 
who  have  been  entrusted  with  the  expenditures  of  public 
moneys  in  Europe. 

With  sincere  esteem  and  regard,  I  am,  &tc. 
JOHN  JAY. 


Extract  from  the  Journal  of  Congress,  July  18,  1785. 

"  On  motion  of  Mr.  McHenry, 

Ordered,  That  T.  Barclay,  Commissioner  for  Ac- 
counts in  Europe,  report  to  Congress  an  abstract  of  the 
settlement  Jie  has  made,  of  the  accounts  of  the  servants 
of  the  United  States,  and  others,  who  have  been  entrust- 
ed with  the  expenditure  of  public  moneys  in  Europe." 


FROM    THOMAS    BARCLAY    TO    JOHN    JAY. 

Paris,  October  11,  1785. 
Sir, 

I  am  favored  with  your  letter  covering  a  resolution  of 
Congress,  that  I  shall  furnish  an  abstract  of  the  public 
accounts  which  I  have  settled. 

I  shall  leave   Paris  in  about  ten  days,  before  which 

time,  I  expect  to  be  able  to  send  out  some  that  are  now 

arranging,  together  with  the    abstract  desired,  and  my 

own  account  with  the  United  States.     In  the  meantime 

I  have  the  honor  to  be,  &c. 

THOMAS  BARCLAY. 


DIPLOMATIC  CORRESPONDENCE.  5Q1 

FROM    THOMAS    BARCLAY   TO    JOHN    JAY. 

Cadiz,  May  14, 1786. 
Sir, 

Before  my  departure  from  Paris,  I  had  the  pleasure  of 
receiving  a  letter  from  you,  desiring  me  to  send  you  an 
account  of  the  expenses,  which  are  paid  at  the  four  free 
ports  in  France,  by  American  and  Spanish  vessels.  It 
was  my  intention,  after  collecting  these  papers,  to  send 
them  out  to  you  under  one  view;  but  I  have  been  disap- 
pointed in  procuring  them,  for  reasons  that  I  cannot  well 
explain,  because  I  am  not  entirely  master  of  them. 

That  from  Mr.  Francis  Coffin  of  Dunkirk  has  got  to 
St.  Germains,  where  my  papers  and  family  are,  and  I 
have  directed  Mr.  Frederick  Ast  to  forward  you  three 
copies  of  it. 

Mr.  Etienne  Cathalan  of  Marseilles  wrote  me,  that  he 
made  various  applications  there  without  success,  and  that 
a  great  backwardness  appeared  both  in  the  Spanish  Con- 
suls, and  in  the  custom-house  officers  to  give  it  to  him.  I 
have  again  requested  his  attention  to  the  subject. 

At  L'Orient  I  met  with  the  same  obstacle ;  was  repeat- 
edly promised  the  papers,  and  my  stay  there  being  short, 
Mr.  Zachariah  Loreilhe  undertook  to  send  it  to  you. 

Enclosed  you  have  that  from  Bayonne,  in  which  the 
charges  of  Spanish  and  American  ships  are  the  same,  and 
amount  to  150  livres  12  sols.  There  is  one  article  in  all 
the  ports  of  France,  which  appears  to  me  a  grievance, 
and  which  I  wish  our  ships  could  get  clear  of;  I  mean 
that  of  brokerage,  a  charge  for  little  or  no  service,  from 
40  to  80  livres  on  each  vessel.  What  I  think  much  wanted, 
is  a  permission  for  the  Americans  to  do  their  business 


502  THOMAS    BARCLAY. 

themselves,  and  not  to  be  obliged  to  pay  a  broker,  whether 
he  is  employed  or  not. 

The  charge  for  this  article  at  L'Orient  would  by  this 
time,  have  been  100  or  120  livres,  owing  to  the  encroach- 
ment of  the  broker,  had  I  not  opposed  him,  and  even 
suffered  an  action  at  law  to  be  brought  against  me.  In 
all  your  commands,  I  beg  you  will  believe  me,  with  great 
respect,  dear  Sir, 

Your  very  obedient  humble  servant, 

THOS.  BARCLAY. 


CHARGES  AT  THE    PORT  OF  BAYONNE. 

Liv.  s.      d. 
Entry  at  the  bar,  where  a  boat  must  be 

taken, 16      6      0 

Another  boat  must  be  taken  to  come  up 

the  harbor,         -         -         -  13      6       0 

And  if  any  more  boats  are  employed, 

which  are  optional,  the  same  price 

for  each. 
Brokerage  for  doing  the  ship's  business, 

entering  and  clearing  her,      -  40      0       0 

Charges  of  Admiralty  and  passports,          82     0      0 


Livres,       151     12       0 


DIPLOMATIC  CORRESPONDENCE.  5Q3- 

PARTICULARS  of  Port  charges  at  Dunkirk,  on  a  French 
or  Spanish  vessel,  of  the  burthen  of  one  hundred  tons 
from  a  coasting  voyage,  viz: 

Liv.  s.  d. 

Assistance  of  a  boat  inwards,         -         -     9      0  0 

Pilotage  inwards,  at  3s.  per  ton,     -         -    15      0  0 

Report  of  the  Admiralty,      -        -        -     4      0  6 

Hire  of  skeeds  when  employed,     -        -     3      0  0 

Ganger's  fees  for  measuring,  -  -  -  1  10  0 
Admiral's  passport,  -  -  -'-289 
Registering  the  same,  key-master's  fees, 

searchers,  &c.       -/      -       ;*••*-«<>     6    17  6 

Ballast,  20  tons  at  12*»  per  ton,     -        -    12      0  0 

Pilotage  outwards  at  2s.  per  ton,                 10     0  0 

Broker's  and  Interpreter's  fees     -        -     40      0  0 


Liv.    103    16 


N.  B.  When  an  anchor  and  cable  is  left  in  the  roads, 
6s.  per  ton,  on  the  burthen  of  the  ships,  is  paid  for  sal- 
vage. The  French  and  Spanish  ships  pay  no  bank 
pilotage. 

PARTICULARS  of  Port  charges  at  Dunkirk,  on  a  foreign 
ship  of  the  burthen  of  one  hundred  tons,  from  a 
coasting  voyage,  (i.  e.)  English,  Dutch,  Danes, 
Swedes,  Americans  and  others,  viz  : 

Liv.  s.      d 

Assistance  of  a  boat  inwards,       -         -       9      0 
Pilotage  inwards,  5s.  per  ton,      -  25       0      0 

Report  of  the  Admiralty,    -  4      0 

Hfre  of  Skeeds  when  employed,  -  300 


504  THOMAS    BARCLAY. 

Ganger's  fees  for  measuring  the  ship,     -       3      0       0 

Anchorage,  at  3s.  per  ton,  15 

6s.  per  livre  on  do.       4  10 

19    10       0 

Admiral's  passport,    -        -        -  2      8      9 

Registering  the  same,  key-master's 

fees,  searchers,  &c.     -.,»*.  6    17       6 

Ballast,  20  tons  at  12s.  per  ton,    -         -      12      0       0 

Pilotage  outwards,  at  4s.  per  ton,  -         -     20      0       0 

Broker's  and  Interpreter's  fees  for  assist- 
ing the  master  in  his  report  at  the 
Admiralty,  Custom  and  Navy  Of- 
fices, proving  his  clearances,  and 
assisting  in  all  his  transactions,  40  0  0 


Liv.     144    16     9 

N.  B.  When  an  anchor  and  cable  is  left  in  the  roads, 
3s.  per  ton  is  paid  on  the  burthen  of  foreign  vessels  for 
salvage,  such  vessels  pay  for  bank  pilotage  4s.  per  ton 
over  and  above,  the  in  and  outward  pilotage  mentioned  in 
the  above  account,  when  the  masters  take  a  pilot  to 
carry  them  through  the  banks. 

The  report  of  a  vessel  from  a  long  voyage  called 
long  cours,  is  12/iv.  10s.  6d.  instead  of  4tliv. 

The  Admiral's  passport  for  a  long  voyage  is  I2liv.  8s. 
9d.  and  the  registering  the  same,  key-master's  fees, 
searchers,  &c.  is  I5liv.  Is.  6d.  instead  of  6liv.  17s.  6d. 


KND     OF     THE     FIRST     VOLUME 


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